If you have recently been charged with DUI in South Carolina and your breath test result came back at .08 or higher, you may feel like the case is already decided. Many people assume that a number alone equals guilt. That is not how South Carolina law works.
The short answer is simple: No, you are not automatically guilty of DUI just because you blew .08 or higher.
Understanding why requires a closer look at how DUI is defined under South Carolina law, how breath test results are treated, and what the prosecution must actually prove in court.
What the Law Actually Says About DUI in South Carolina
Under SC Code 56-5-2930, DUI is defined as operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both, to the extent that the person’s faculties to drive are materially and appreciably impaired.
That phrase is critical:
“materially and appreciably impaired.”
This means the State must prove impairment that meaningfully affected your ability to drive. It is not enough to show that you consumed alcohol or that a test produced a certain number. The focus is on how your ability to drive was affected, not just what your breath test result was.
Materially and appreciably impaired is a subjective impression, not an objective standard. This means it is up to police officers to guess or have an opinion who they are charging. For example:
If you look at a thermometer and it reads 80 degrees, that is an objective finding. (assuming the thermometer is working correctly), it is 80 degrees.
If you then decide ‘it’s really hot outside today.” That is a subjective impression. You might think it is hot, but other people might think it is comfortable or even cool. Every person might assess that situation differently.
This is like how DUI charges work. Maybe a police officer thinks someone is legally impaired, but other people might disagree or have a different opinion.
In order to be convicted in court there must be proof beyond a reasonable doubt. In South Carolina reasonable doubt is frequently defined by the Courts as "the kind of doubt which would cause a reasonable person to hesitate to act". Hesitation as to whether or not someone is "materially and appreciably impaired" is reasonable doubt, justifying a finding of "not guilty".
There Is No Automatic Guilt at .08
South Carolina law does recognize certain presumptions tied to breath alcohol levels. A result between 0.00 and 0.05 creates a presumption of non-impairment unless there is evidence of drug use. A result of 0.06 or 0.07 creates no presumption either way. A result of 0.08 or higher creates a presumption of impairment.
However, a presumption is not the same thing as automatic guilt.
A breath test reading of .08 or higher allows the State to argue impairment, but it does not end the case. The defense can challenge that presumption in multiple ways, including questioning whether the test was administered properly, challenging the reliability of the machine, presenting evidence that your driving was not impaired, and showing inconsistencies in the officer’s observations.
There is no breath score that makes someone automatically guilty or not guilty of DUI in South Carolina. Other state’s laws can be different, and you cannot rely on simple Internet searches or AI research to decide what will happen in your case.
The law is the same for first offense DUI charges, as well as 2nd offense or other General Sessions cases.
What About an Implied Consent Suspension?
In addition to the criminal charge, many people face an implied consent suspension of their driver’s license after a DUI arrest.
This is a separate administrative issue that can arise from refusing a breath test or registering a breath test of .15 or higher.
An implied consent suspension is handled through a different process than the criminal DUI charge, and it often involves strict deadlines to request a hearing. Addressing both the criminal case and the license suspension quickly is important. We file paperwork to help challenge the suspension, necessary to start restoring your driving privileges, immediately upon being retained.
What Happens in Lexington and Columbia DUI Cases
If your case is in Lexington County, it may be scheduled in Lexington DUI Court, which handles many DUI matters at the initial stages. Cases in Richland County, including Columbia, follow their own procedures but involve similar legal standards.
Working with a Lexington SC DUI Defense Attorney or a Columbia DUI Defense Attorney who understands the local courts, prosecutors, and procedures can make a significant difference in how your case is handled.
The Bottom Line
Blowing a .08 or higher is serious, but it is not the end of your case.
To obtain a conviction, the State must still prove that you were driving, that you were under the influence, and that your ability to drive was materially and appreciably impaired.
A breath test result is just one piece of evidence. It does not automatically establish guilt. DUI charges can be reduced or even dismissed regardless of the breath test result.
Talk to a DUI Defense Attorney About Your Options
If you have been charged with DUI in Lexington, Columbia, or anywhere in South Carolina, it is important to understand your rights and your options as early as possible. Call us at (803) 359-3301 to schedule a free, confidential consultation with a DUI defense attorney. Same day appointments are typically available.
Any result obtained by James R. Snell, Jr., or the Law Office of James R. Snell, Jr., LLC on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.