Do I Have to Be Driving to Get a DUI in South Carolina?
While a primary element of driving under the influence charges in South Carolina is actually driving, having the professional legal counsel of an experienced South Carolina criminal defense attorney on your side can make a big difference.
The Elements of a DUI Charge in South Carolina
To bring a successful DUI charge in the State of South Carolina, the following three elements must be present:
- You were driving in a vehicle, which cuts to the heart of the question of whether you can be charged with DUI if you weren’t driving at the time.
- You were driving on a road located in the State of South Carolina.
- You were under the influence of alcohol at the time of the traffic stop. This generally means being over the legal limit of .08 percent blood alcohol concentration (BAC) but can also mean being under the influence to the extent that your ability to drive safely is noticeably impaired – even if you’re not above the legal limit.
If you were sleeping in your car on the side of the road at the time of the stop, the element of driving is clearly missing. The police, however, have a different interpretation. Driving impaired in a parking lot, private road in a neighborhood and other places may get one a charge of DUI – also if operating a UTV or ATV while hunting and just driving through a field or woods.
Don’t Wait to Consult with an Experienced South Carolina Criminal Defense Attorney
The accomplished South Carolina criminal defense attorneys at the Law Office of Brad C. Richardson are committed to fiercely advocating for our client’s legal rights in the face of challenging charges, and we’ll leave no stone unturned in our efforts on your behalf. For more information, please don’t wait to contact us online or call us at 843-488-4321 today.