There are two ways a person can be charged with a crime for driving a motor vehicle while intoxicated, both of which may result in the same punishments. First, anyone whom a law enforcement officer thinks is “materially and appreciably impaired” by alcohol or drugs may be charged with a DUI under South Carolina Code of Laws §56-5-2930.
Second, a driver may be arrested and charged with a DUAC under S.C. Code §56-5-29333 if their blood alcohol concentration (BAC) exceeds the legal limit applicable to them. For most drivers, the applicable legal limit for BAC is 0.08 percent, however, commercial drivers cannot exceed 0.04 percent, and the limit for underage drivers is 0.02 percent.