In the State of South Carolina, the law states that it is unlawful to operate a vehicle with a blood alcohol concentration (B.A.C.) above the 0.08, or to drive under the influence of alcohol and/or drugs. Further, the prosecution must show that the driver was impaired by alcohol or drugs, the level of impairment being based on observations and evidence of driving ability, physical appearance, field sobriety tests and any other relevant evidence which can help prove a persons driving ability was impaired.
Detection of impairment may be difficult at times due to the fact that what may impair one person’s driving ability may not impair another person’s abilities. Therefore, the detecting officer must make several observations that assists in determining probable cause to arrest. These include the following:
- Making a turn too widely or narrowly;
- Almost striking someone;
- Wavering or drifting from one side of the road to another;
- Driving too close to another vehicle;
- Erratic braking;
- Driving on the center lines; and
- Straddling the center line
Regardless of the B.A.C level, one can be charged as being impaired if impairment is proven to the legal extent necessary. If an officer deems that the driver has failed the field sobriety test, or the circumstances surrounding the arrest determine the driver was impaired, they will likely be able to charge the driver with DUI in South Carolina.
If you or a loved one has been charged with DUI in South Carolina, contact the law offices of Reeves, Aiken & Hightower, LLP for a confidential consultation. You can reach our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.