You would think that given how broadly similar BUI and DUI laws are in South Carolina that the legislature would treat blood alcohol content (BAC) levels as tested by the breath test or breathalyzer the same. However, the presumptions that BAC gives rise to in BUI cases are very different.
It turns out for BAC’s 0.05% or less there is a conclusive presumption that there is no BUI , i.e. if you blow 0.05% or less no court in SC can convict you of BUI.
For BAC’s 0.06% to 0.07% there is neither a presumption of guilt or innocence. The prosecution must tell the jury that you blew a 0.06% or 0.07% and use whatever other evidence that was collected at the time of arrest to show that you were incapable of boating safely.
Then, for BAC’s 0.08% or greater, there is an inference of BUI that can be rebutted only if there was some defect in the chemical test itself.
If you have been charged with BUI, you need experienced BUI attorneys that can fight for you. The attorneys at Reeves, Aiken & Hightower stand ready to fight for you. Compare our credentials to those of attorneys at any other firm, and then call us at 877-374-5999 or contact us on this form for the help you need.