In recent years, discussions about lowering the legal blood alcohol concentration (BAC) limit for drivers have intensified. One proposal suggests reducing the drunk driving limit from 0.08% to 0.05%. This may seem like a straightforward move toward improving road safety.
However, as an experienced Columbia DUI defense law firm, we see this issue differently. We have concerns about drivers who may be unjustly penalized under a lower threshold.
How a lower BAC limit could impact South Carolina drivers
As the law stands today, drivers in South Carolina can be charged with driving under the influence (DUI) if their BAC is 0.08% or higher. This limit aligns with the federal standard adopted by most U.S. states.
A DUI conviction can lead to severe penalties, including fines, license suspensions, and even jail time. These consequences become more severe with repeat offenses, impacting the driver’s life in lasting ways.
If the BAC limit were lowered to 0.05%, many more drivers could find themselves facing DUI charges, even if they did not feel impaired or were driving responsibly. A person with a BAC of 0.05% could have consumed as little as one or two drinks, depending on factors such as body weight, metabolism, and food consumption.
Under current law, such a driver would likely not be considered impaired. Still, under the proposed change, they could face serious legal consequences for behavior that, in many cases, may not actually pose a significant risk to road safety.
Consequences of a DUI Conviction
If convicted of a DUI in South Carolina, drivers face a range of penalties that can have life-altering effects:
- Fines: First-time offenders can face fines of up to $400 to $1,000, depending on the BAC level and whether there are aggravating factors. Repeat offenders can be fined significantly more, with fines reaching up to $10,000 for multiple offenses.
- License suspension: A DUI conviction typically results in a driver's license suspension. For a first offense, the suspension lasts for six months, but with a BAC of 0.15% or higher, an Ignition Interlock Device (IID) may be required. For subsequent offenses, the suspension period increases, and drivers are often required to install an IID to regain driving privileges.
- Jail time: Depending on the offense and BAC level, a driver may serve time in jail. For a first-time offense with a BAC of 0.08% to 0.10%, jail time can range from 48 hours to 30 days. Higher BAC levels and repeated offenses result in significantly longer jail sentences, sometimes up to five years.
- Community service: First-time offenders may be given the option to complete community service in place of some jail time, but this varies depending on the circumstances.
- Increased insurance rates: A DUI conviction can cause insurance premiums to skyrocket, as insurance companies classify convicted drivers as high-risk. In many cases, drivers are required to file an SR-22 form, further increasing their rates.
These penalties are harsh enough under the current 0.08% limit. Under a 0.05% limit, many drivers could face these same life-altering penalties after consuming only a small amount of alcohol, potentially leading to disproportionate consequences for the offense.
If you've been charged, contact a DUI defense lawyer
Proponents of lowering the BAC limit, like the National Transportation Safety Board, argue that it would reduce the number of alcohol-related accidents and improve road safety. However, the legal team at Matt Bodman, P.A. questions whether such a change would actually achieve these goals.
Lowering the BAC limit would likely result in the prosecution of many drivers who were not truly impaired without the benefit of significantly increased safety. That's not fair. A DUI conviction can wreck your life — fines, a suspended license, or even a breathalyzer in your car.
Columbia DUI defense lawyer Matt Bodman knows how to spot the cracks in the case against you and fight to get your charges reduced or dismissed.
If you have been charged with DUI, don’t gamble with your future. Contact us today for a free case evaluation, and let Attorney Matt Bodman go to work for you.
"Matt is a great individual, a great husband, a father, and an awesome attorney! He helped my family solve a problem that we will forever be grateful for. I can't say enough about him. Don't hesitate to seek his services!!!" - S.W.
