Driving under the influence of alcohol and / or drugs (DUI) is less serious crime in South Carolina. The state must prove that there is reasonable doubt of the crime as the accused was operating a vehicle, which was under the influence of alcohol or any other substance, or both also as the powers of the accused to drive the vehicle are actually disabled.
In this state there is a presumption that an individual is unable to manage auto motor vehicle if has alcohol content in the blood of 0.08% or more. Even if the level is less than 0.08%, the state can try to prove that the person is impaired to handle; as defense lawyer can also argue that the person was able to handle even had a level of Alcohol greater than 0.08%.
One of the biggest concerns after being arrested for DUI is the evidence that the state of SC may have against. This usually includes the video of driving before being stopped by police, video and audio of sobriety tests (if they decided to complete them), video and audio on the route to the police station and the result of the breathalyzer or refusal which is used against in a trial.