SC DUAC – DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION
WHY YOU SHOULD HIRE US
SC DUAC AND DUI ARE NOW THE SAME
Until arrested, most people have never heard of SC DUAC. And they don’t know what it means. Well, the term stands for “Driving with an Unlawful Alcohol Concentration.” To convict someone of SC DUAC, the State only has to prove you drove with a blood alcohol concentration (BAC) of 0.08 or higher. So if you have a breathalyzer reading, can you still fight this charge? Absolutely. And here’s how we do it.
DRIVING A VEHICLE
First, the State has to prove driving. Usually, this part of the case is easy to show. But not always. If there is a question, we fight it. Remember, the State has to prove everything. We have to prove nothing. Sometimes, you are outside of the car when the police arrive. Never assume they can put you behind the wheel. And if they cannot, you win.
IN COUNTY WHERE CHARGED
Again, this aspect of the State’s case is usually a given. But not always. As required, the citation gives the exact geographical position and time of arrest. If it is close, we verify proper jurisdiction using Google Maps. And, if the officer is outside of jurisdiction, you win. Also, lack of jurisdiction can be raised at any time. Different police agencies have different abilities. City police must remain within their municipalities. Sheriff deputies have to stay in county. But State troopers can go anywhere in South Carolina.
BREATH TESTING RESULTS
As with every DUI arrest, we challenge the BAC result. How? First, we show “breath testing science” is flawed and not reliable. Actually, it is not “science” at all, Instead, the DataMaster machine makes a “best guess” of BAC using a computer algorithm and a “mystery” liquid. In fact, no one knows what this solution is because the manufacturer refuses to disclose its contents. In addition, the machine assumes everyone is exactly the same. Surprisingly, there is no variation for height, weight, sex, or any other factor even though we know alcohol affects individuals differently. Nevertheless, the State argues the “instrument” is never wrong and relies on the BAC to convict. Finally, if you refuse or the breath test machine times out, there is no BAC reading. Consequently, you cannot be charged with SC DUAC.
PERSON’S CONDUCT ON VIDEO
Finally, no matter what the BAC reading, everyone knows what “drunk” looks like and sounds like. If truly drunk or “impaired,” you know it. And you don’t need a machine to tell you. First, you will hear slurred speech at a minimum. If you don’t, that person is not drunk. Next, you will hear incoherent speech. If you don’t, you get it. If drunk, you sway, stagger, or sometimes even fall down. Consequently, we argue juries should decide a person’s guilt or innocence by using their own eyes and ears. In the end, we challenge them to trust themselves and not a machine.
SC DUAC ATTORNEYS – ROBERT J. REEVES P.C.
While there are many criminal defense firms, we focus our practice on DUI and DUAC cases. In addition, we offer a team of aggressive trial lawyers. Furthermore, our attorneys include a former DUI prosecutor and a litigator with over 25 years experience. Most importantly, our lawyers are personally available when you need answers. Here, every client has our personal mobile phone number and direct email address. We appreciate your trust and will do our best on your behalf.
While we cannot guarantee any outcome, we thoroughly review all of the State’s evidence in full. Then, we make recommendations and explain your options. In the end, you decide how you want to proceed. We work for you. Whether you want a trial or to plea, the decision is always yours. Because you know what is best for your situation, you make the call.
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