What is the Legal Alcohol Limit?
Drunk driving is a serious crime in South Carolina. For drivers aged 21 and older, the maximum allowable blood alcohol concentration (BAC) is 0.08%. However, for those under 21, the state enforces a zero‑tolerance policy. Underage drivers can face a license suspension with a a BAC of 0.02% or above can lead to license suspension. Further, any driver with a BAC between 0.05% and 0.079% can be arrested and charged with a DUI if other signs of impairment are observed by police officers. Here, our Columbia drunk driving defense lawyer explains the key things to know about the legal alcohol limit in South Carolina.
The Maximum Allowable BAC is Based on Age in South Carolina
The South Carolina Department of Public Safety (SCDPS) explains that the maximum allowable blood alcohol concentration (BAC) level is based, in part, on age in our state. For drivers 21 and older, the maximum allowable BAC is 0.08%. However, for drivers under 21, the state enforces a strict zero-tolerance policy; a BAC of 0.02% or more can justify an arrest.
You Can Be Charged With a DUI Even With a BAC Below 0.08 in South Carolina
In South Carolina, the maximum allowable BAC for drivers who are of age is 0.08%. However, that does not mean that a 0.08 is required for a DUI arrest. South Carolina law allows police to charge a driver with DUI even if their BAC is below that maximum threshold. Under the law, a DUI offense occurs when a person drives a motor vehicle while materially and appreciably impaired by alcohol, drugs, or a combination of both. If law enforcement observes signs of impairment (swerving, slurred speech, or a failed field sobriety test), you may still face charges. That is especially true if your BAC is above 0.05%. Chemical test results are one piece of evidence, but not the only factor in a criminal DUI case in South Carolina.
What to Know About the South Carolina Implied Consent Law
Similar to many other jurisdictions, South Carolina operates under an implied consent standard. Under South Carolina law (SC Code § 56-5-2950), drivers are deemed to have given advance consent to chemical testing if they are lawfully arrested for suspected DUI. This includes breath, blood, or urine tests to determine impairment. If you refuse testing, your driver’s license will be automatically suspended. The suspension is six months for a first offense and even longer for subsequent refusals. Beyond that, the refusal can be used as evidence in court. In other words, if you refuse a DUI test, you could still be arrested and charged with a criminal DUI even without those test results.
Contact Our Columbia, SC DUI Defense Lawyer Today
At the Law Office of Jonathan M. Harvey, our South Carolina DUI defense lawyer fights tirelessly for justice for clients. If you have any questions about the alcohol limit in South Carolina, please do not hesitate to contact us today for a fully confidential consultation. Our firm defends DUI charges in Columbia and throughout the surrounding region in South Carolina.