Evidence Needed for DUI Convictions in South Carolina

DUI is one of the most serious crimes in South Carolina. Not only will defendants face fines and possibly time in jail, but they now have a serious criminal record. Employers will see that you have a DUI conviction and possibly refuse to hire you because you are a risk. Call William G. Yarborough today to discuss any drunk driving charge. We have defended those accused of being intoxicated by alcohol or impaired by drugs.

In this article, we look at the evidence needed for a DUI conviction. Our Greenville, South Carolina DUI lawyer is ready to assist in any way he can.

Understanding the Elements of DUI in South Carolina

Under South Carolina Code § 56-5-2930, a defendant has committed DUI if they:

• Drive a motor vehicle within the state;
• Are materially and appreciably impaired by alcohol or under the influence of drugs.

This law does not require that a defendant have any specific blood alcohol concentration (BAC). Instead, the standard is whether the driver was impaired by alcohol, drugs, or some combination.

Under Section 56-5-2933, a driver can also face criminal charges if their BAC is at least 0.08%. When lawyers talk about DUI, they are usually talking about both of these sections in the South Carolina Code.

What Evidence Will Prove a South Carolina DUI?

Typically, the Solicitor will introduce the following:

1. Evidence You Were Driving in South Carolina

This evidence might consist only of the officer’s testimony or body camera footage. This element is rarely in dispute. However, if an officer arrives at an accident scene, then it might not be clear who was driving if everyone is out of the vehicles. It is not a crime in South Carolina to be an intoxicated passenger, so this is a critical element.

2. Evidence You Were Impaired or Had a High BAC

The state can obtain a conviction under either statute mentioned above. If you gave a breath sample, then the state will probably introduce the results, especially if they show you were over the legal limit. However, you can still be convicted regardless of your BAC.

The state usually submits the following:

• Witness testimony that you were driving all over the road, speeding, or taking some other dangerous action behind the wheel. Witnesses can include the arresting officer or other people on the road at the same time.
• Dash cam or body camera footage. This video can show a driver who had slurred speech, admitted to drinking, or was stumbling around.
• Any proof of an accident. If you crashed the car, that is strong proof you were impaired.
• Witnesses who saw you drink or use drugs before driving. If you refuse to consent to a breath test, the state might not have any evidence that you consumed alcohol. They can use witnesses to establish that fact. A server at a bar can testify that they sold you five beers.

This is some of the most common evidence in South Carolina DUI cases. Of course, each case rests on its own facts.

Can You Be Convicted of DUI without Giving a Breath Sample?

Yes. As mentioned above, section 56-5-2930 does not require any particular BAC. In fact, your BAC can be below 0.08%. If you are appreciably impaired by alcohol or drugs, you can face criminal charges. Someone who has had only one beer might be so impaired that they can be convicted.

For example, the officer might have video of you driving all over the road, or you crash your car because you cannot control it. These are examples of being materially impaired by alcohol, so you could be convicted of DUI.

Many drivers are confused about this fact. They think a high BAC is required for a DUI charge, but that’s not the case. A BAC over 0.08% is only required for a conviction under Section 56-5-2933.

Can You Be Charged with DUI Without Evidence?

The Solicitor is not supposed to bring criminal charges when there is “no” evidence. That would be unethical. However, the office regularly brings charges when the evidence is weak.

For example, the officer might have suspected a driver was impaired because they were driving slowly. In reality, the driver was simply in an unfamiliar part of town and looking for a street address. Driving slowly is probably not enough to prove impairment to support a DUI conviction. Nonetheless, the state sometimes files charges in cases like this.

Is It Easier to Beat a DUI Charge if You Did Not Give a Breath Sample?

Possibly. Certainly, a high BAC makes things easier on the Solicitor’s Office. They simply introduce the results of a breathalyzer or urine test, which relieves them of any need to show you were driving dangerously or lacked coordination.

Without any test results, some defendants argue they were not intoxicated. They might have failed the one-leg stand test because they were nervous or fatigued.

Nonetheless, plenty of people are convicted, even without any test results. Hire an experienced lawyer to fully review all evidence against you. We can work to poke holes in the state’s evidence.

Frequently Asked Questions

My BAC was under the legal limit. Why am I being charged with DUI?

The state is probably bringing charges under the statute that does not require any specific BAC. If you were materially impaired by any alcohol or drugs, you can face criminal charges even if you blew a low number.

Should I answer the officer’s questions when stopped?

No. Cops often ask, “Where are you coming from?” or “What were you doing?” They want you to slip up and say, “I just left a bar” or something like that. Remember, the state can introduce any statements you make to show you were drinking or doing drugs. You should stay silent or ask if you can go.

Schedule a Consultation Today

Attorney Yarborough has dedicated more than 30 years to criminal cases. He understands what evidence is needed for a DUI conviction, and he knows how to create reasonable doubt in the minds of jurors. Contact us to discuss any DUI arrest in Greenville or the 29609 zip code. Our firm can start drafting your defense as soon as we are hired.