South Carolina imposes stringent drunk driving laws. Contrary to popular belief, if you blow below the legal limit on a breathalyzer test, you can still be arrested or charged with a DUI. Please continue reading to learn more about these matters and why connecting with a determined Chesterfield County DUI Lawyer is in your best interest when facing DUI charges.
What is the Legal Limit in South Carolina?
We all know that alcohol significantly impairs a driver’s critical capabilities that are required to safely operate a motor vehicle. As such, to standardize how much alcohol impairs our ability, states have established legal limits. The term “legal limit” is used to describe the maximum amount of alcohol a motorist can have in their system before automatically being charged with driving under the influence (DUI). In South Carolina, if regular passenger drivers have a blood alcohol concentration (BAC) of 0.08% or greater, they will be charged with DUI while those who drive commercial vehicles have a legal limit of 0.04%. If you are under 21, the policy is zero tolerance. Essentially, any amount of alcohol in your system is grounds for a DUI charge. This is because it’s illegal for those under 21 to consume alcohol.
Nevertheless, it’s important to understand that you can still face charges even if you are under the legal limit. If your BAC is below the legal limit, but a police officer observes signs of impairment like erratic driving or slurred speech, they can place you under arrest. The officer’s primary concern is whether a motorist’s driving ability has been impaired by alcohol.
What Should I Do if I’m Pulled Over for Suspected Drunk Driving?
If you are pulled over for suspected drunk driving, it’s important to understand the steps you must take to protect your rights. Keep in mind the conversation between you and the officer is being recorded. Therefore, you should remain polite at all times and refrain from being combative. The officer will likely ask you if you have had anything to drink. You do not have to answer any incriminating questions as you can invoke your Fifth Amendment right to remain silent. While you must comply with the officer, you do not need to submit to any field sobriety tests. However, refusing to take a chemical test will result in the loss of your driving privileges.
If you are placed under arrest for DUI, the best thing you can do is contact a seasoned Chesterfield County DUI lawyer who can n help you fight for the best possible outcome. Connect with the Cockrell Law Firm, P.C. today to learn more about how we can combat your charges.
