If you blew a high BAC are you automatically guilty of DUI?

Some people think that their DUI case is hopeless, and that nothing anyone can do will make a difference. They think that if they feel like they are guilty, that they should just give up on themselves and their case. This feeling of desperation isn’t warranted. In nearly every circumstance a quality defense has a real chance at making a difference. This is especially true when they have registered a high reading on the BAC, such as 0.16 or higher. 

South Carolina’s DUI statute does not designate any BAC level as an automatic guilty. If you choose to submit to a breath test, and submitted a high sample (as most people who choose to blow do), this does not mean that you are automatically guilty. Our DUI statute is not based on a per se limit, and people charged with DUI at any BAC level can be found not-guilty by the courts.  In fact, if your case was to go to trial the judge should instruct the jury that they are not allowed to conviction you based on BAC level alone.  If you have continued doubts, look at some of our recent case results: James Snell's DUI Case Result Examples

You’ll see many examples of high-level BAC’s resulting in dismissals or reductions to reckless driving. These are cases where people may have been facing up to 90 days in jail, or fines and fees of over $10,000. Some of these cases also involve other facts, such as:

  • Accidents
  • Admissions of drinking or drug use
  • Open beers or liquor drinks
  • Poor performance on field sobriety tests
  • Running off the road or other problematic driving

Now every case is different, and no lawyer can ever make anyone a promise or guarantee about how a case will turn out. If you meet with me about your DUI you’ll likely be told that if I could forecast the future I would be a full time sports gambler in Vegas. But all jokes aside, I have seen over and over how a thorough review of the factual and legal circumstances of a DUI arrest can lead to outcomes first thought impossible.

In addition to seeking a positive resolution of the DUI charge, a high BAC reading can also trigger an up-front license suspension. If this applies to you, as part of our standard DUI defense service we will file a challenge to the suspension, usually within one business day of being retained on your case. This can get you driving again legally quicker, often times in under a week (and without having to get a restricted license or enroll in the ADSAP course). 

Facing a South Carolina DUI charge? Your first step should be to get a free copy of my DUI Defense Report. Just follow this link to request your copy today. You can also call us at 1-888-301-6004 for a free consultation & case evaluation.

Categories: DUI \ DUAC
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