Rock Hill, SC DUAC Attorney

At Barboza Law, we don’t back down from tough cases. Attorney Sabreena Barboza stands ready to fight for you, challenge the evidence, and work toward the best outcome possible.

A DUAC charge in South Carolina isn’t just a traffic ticket — it’s a serious legal matter that can cost you your license, your job, and your reputation. If you’ve been charged with Driving with an Unlawful Alcohol Concentration (DUAC), the clock is ticking. Acting fast and making the right legal moves can mean the difference between a clean slate and life-changing penalties.

Whether you’re facing your first charge or have prior offenses, we bring skill, strategy, and relentless advocacy to protect your future.

Understanding DUAC Charges in South Carolina

DUAC stands for "Driving with an Unlawful Alcohol Concentration." Under South Carolina law, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability is visibly impaired. This means that even if you feel capable of driving, a BAC at or above this limit can lead to a DUAC charge. 

DUAC vs. DUI: What's the Difference?

While both DUAC and DUI (Driving Under the Influence) charges involve operating a vehicle after consuming alcohol, they differ in key ways:

  • DUAC: Focuses on the driver's BAC. If your BAC is 0.08% or higher, you can be charged with DUAC, regardless of any evidence of impaired driving. 
  • DUI: Requires proof that alcohol or drugs impaired your ability to drive. This can include observations of erratic driving, failed field sobriety tests, or other evidence of impairment. 

What are the Penalties for DUAC?

The penalties for a DUAC conviction can be severe and may include:

  • Fines: Monetary penalties that increase with each subsequent offense.
  • Imprisonment: Jail time ranging from 48 hours to several years, depending on the number of prior offenses and the severity of the current offense.
  • License Suspension: Suspension of driving privileges, with the duration increasing for repeat offenses.
  • Mandatory Alcohol and Drug Safety Action Program (ADSAP): Enrollment in a program designed to educate and rehabilitate offenders.

It's important to note that penalties can be more severe if your BAC is significantly above the legal limit or if you have prior DUAC or DUI convictions. 

Defending Against a DUAC Charge in Rock Hill, SC

If you're facing a DUAC charge, you need skilled representation. Potential defenses may include:

  • Challenging the Traffic Stop: Questioning whether the officer had reasonable suspicion to initiate the stop.
  • Questioning BAC Test Accuracy: Investigating whether the breathalyzer or other testing equipment was properly calibrated and administered.
  • Procedural Errors: Identifying any failures by law enforcement to follow required procedures during the arrest and testing process.

Contact Barboza Law for Real Representation

Facing a DUAC charge can be daunting, but you don't have to navigate it alone. Attorney Sabreena Barboza will fight to protect your rights and advocate for your best interests. Contact Barboza Law today to schedule a consultation and learn more about your legal options.

Rock Hill, SC DUAC FAQs

Can I be charged with both DUI and DUAC for the same incident?

No, under South Carolina law, you cannot be prosecuted for both DUI and DUAC for the same offense. However, law enforcement may initially charge you with both, and the prosecution will determine the most appropriate charge based on the evidence.

What should I do if I'm pulled over and suspected of DUI or DUAC?

It's important to remain calm and cooperative. You have the right to remain silent and to request an attorney. Be aware that refusing a breathalyzer test can result in an automatic license suspension under South Carolina's implied consent laws.

How long does a DUAC conviction stay on my record?

A DUAC conviction remains on your criminal record permanently in South Carolina. It can impact your driving record, insurance rates, and employment opportunities. Seeking legal counsel can help to limit these consequences.

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“I want to start off by saying that Attorney Sabreena exceeded our expectations. She did an amazing job handling our case! The staff was very nice and friendly and very understanding. If anyone is having any legal issues look no further–Barboza Law is the best!”

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