"They Offered to Reduce My DUI to DUAC. Is That Better?" DUI vs DUAC in South Carolina

Courtroom context: A gavel rests on a judicial bench next to documents titled "DUI vs. DUAC?" indicating a comparison between legal charges.

When someone tells me they’ve been offered a “lower charge” of DUAC, my first question is: Lower in what way?

DUAC stands for driving with an unlawful alcohol concentration. It is a different charge from DUI, but that does not necessarily mean it comes with lighter consequences. Before you accept that offer, you need to know exactly what you are agreeing to.

DUI vs DUAC in South Carolina: What is the difference?

A DUI case is about impairment. The State must prove that alcohol, drugs, or a combination of substances materially and appreciably impaired your ability to drive.

A DUAC case is about alcohol concentration. The State must prove that you drove with an alcohol concentration of 0.08% or higher. The officer’s observations and the video can still matter, but the alcohol test is central to the charge.

So is DUAC a lesser offense?

Here is the part I want people to understand: South Carolina’s DUI and DUAC statutes have the same penalty ranges. A DUAC conviction can still affect your license, require ADSAP, and result in an ignition interlock requirement. It can also count as a prior offense if you face another DUI or DUAC charge later. Changing the name of the charge does not make those consequences disappear.

That does not mean every DUAC offer is a bad offer. It means we need to look at the whole offer. What sentence is being proposed? What does the evidence show? Is there a separate license suspension to address? Those answers matter more than whether the charge sounds less serious.

What should you do before accepting?

Have someone review the stop, the video, the officer’s report, and the breath or blood test records. Then ask for a clear explanation of what the proposed plea will mean for your record, driving privileges, interlock requirement, and future.

If you were also given a notice suspending your license because you refused a chemical test or tested at 0.15% or higher, pay attention to that paperwork. The license suspension is a separate matter, and the deadline to request a hearing is generally 30 days from the notice of suspension.

When a client brings me an offer like this, I do not want them deciding based on a label. I want them to know what the State can prove, what the offer actually changes, and what happens after they leave the courtroom. That is how you decide whether the offer is right for you.