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I got charged with DUI in Greer for blowing .09. The officer told me I can plead to DUAC. Isn’t pleading guilty to DUAC better than DUI?

Probably not. "DUAC" is Driving with an Unlawful Alcohol Concentration. Pleading guilty to that is basically admitting you drove with more than the so-called "legal limit" of alcohol in your system, which is .08.

Two Common Myths About South Carolina DUAC Laws:

  • DUAC is not a reduced charge. The penalties for DUAC are exactly the same as DUI. Some people prefer to plea to DUAC because it “looks” better, since they can tell others they didn’t get convicted of “drunk driving.”
  • DUAC does go on your criminal record, just like a DUI.

The only way I’ve ever heard a DUAC helping someone who was charged with DUI involved a case where the accused held a very high-paying job in another state. His contract provided he could be fired for a DUI. It said nothing about DUAC, since this charge is essentially unique to South Carolina. He had a totally unwinnable DUI case. Since he could plead to DUAC without losing his job, it worked for him.

This is not to say pleading to DUAC is always a bad idea. The first thing to do is hire an experienced DUI/DUAC attorney to thoroughly evaluate your case for every possible defense. An experienced defense lawyer can increase your chances of reduced charges, like reckless driving or a minor traffic violation. If an experienced DUI/DUAC lawyer tells you it’s in your best interest to plead guilty, at least you know you took your very best shot at avoiding a conviction and will still hopefully benefit from a thoroughly negotiated plea to a charge with the least possible consequences for you.

Our Attorneys Are Here To Help With Your DUI/DUAC Case

For more information on DUI cases in Spartanburg and nearby, check out our other articles on this site, including the ones below. You can also download our free report on these cases, called The Terrible Price of a DUI/DUAC Conviction and Defenses You Might Not Know About.

Rob Usry
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Rob is a South Carolina personal injury and criminal defense lawyer.

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