Summary of South Carolina's Criminal Law on DUI
It is unlawful to operate a motor vehicle
in South Carolina while under the influence of alcohol
and/or legal or illegal drugs. Code Section 56-5-2930
The arresting officer must have proof (evidence)
beyond a reasonable doubt that the person's mental and
physical faculties are materially and appreciably impaired
due to the ingestion of alcohol to such a degree that
the person cannot operate a vehicle safely on the highways
of South Carolina.
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TRIAL BY MACHINE?
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| Other states have enacted laws that
make it a criminal offense (illegal/unlawful) to
drive a motor vehicle if a person has a breath (or
blood) alcohol level of .10 or greater (some states
now have a criminal level of .08); this is called
ILLEGAL PER SE. South Carolina does NOT have this
law. |
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TRIAL BY JURY?
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If you have been arrested in South
Carolina for DUI (Driving Under the Influence),
you probably do not know that South Carolina citizens
(and visitors) have a Constitutional right to a
jury trial for the criminal offense of DUI. Some
states have abolished that right but not South Carolina. |
Article 1. Section 14. Trial by jury, witnesses; defense.
The right of trial by jury shall be preserved
inviolate. Any person charged with an offense shall
enjoy the right to a speedy and public trial by an impartial
jury; to be fully informed of the nature and cause of
the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining
witnesses in his favor, and to be fully heard in his
defense by himself or by his counsel or by both.
