How Many Drinks Does It Take to Reach the Legal Limit in South Carolina?

As DUI lawyers in Charleston, South Carolina, one of the most common questions we hear is how many drinks a person can have before reaching the legal limit. The answer depends on your sex, your weight, what you drank, and how quickly you drank it. In this article, we explain South Carolina’s legal limits, what counts as a drink, and how blood alcohol concentration rises and falls, with charts that estimate BAC for women and men. So how many drinks does it take to reach the legal limit in South Carolina?

Quick Answer: It depends on your sex, weight, and how fast you drink, but it takes fewer drinks than most people think. About 3 standard drinks can put a 120- to 140-pound woman at or above .08, and about 4 standard drinks can do the same for a 160- to 180-pound man, before accounting for the roughly .015 per hour the body eliminates. These are rough estimates, not a reliable way to determine whether you can drive. Under South Carolina law, a BAC of .08 or more allows a jury to infer that you were under the influence, and you can still be charged with DUI below .08 if other evidence shows impairment.

What Is the Legal Blood Alcohol Limit in South Carolina?

For most adult drivers, the legal limit in South Carolina is a blood alcohol concentration (BAC) of .08. Driving at .08 or higher is the basis for a DUAC (driving with an unlawful alcohol concentration) charge, and in a DUI case the jury may infer that you were under the influence of alcohol. South Carolina law creates three presumptions or inferences based on your alcohol concentration at the time of the test:

Lower limits apply to some drivers. Drivers under 21 face an administrative license suspension at .02 or higher under South Carolina’s zero tolerance law, and commercial drivers face consequences at .04 while driving a commercial vehicle. For more information, read our articles on underage drinking and driving in South Carolina and DUI and commercial driver’s licenses.

What Counts as One Drink?

The charts below use a standard drink, which contains roughly the same amount of alcohol regardless of the beverage type. A large craft beer, a heavy pour of wine, or a mixed drink with more than one shot can contain the alcohol of two or more standard drinks.

How Many Drinks Does It Take for a Woman to Reach the Legal Limit in South Carolina?

The following charts estimate a woman’s peak BAC based on body weight and the number of standard drinks, before the body eliminates any alcohol. Estimated values of .08 or higher reach the DUAC threshold, but a chart cannot establish your actual BAC.

How Many Drinks Does It Take for a Man to Reach the Legal Limit in South Carolina?

The following charts estimate a man’s peak BAC based on body weight and the number of standard drinks, before the body eliminates any alcohol. Estimated values of .08 or higher reach the DUAC threshold, but a chart cannot establish your actual BAC.

How Fast Does Your Body Eliminate Alcohol?

On average, the body eliminates alcohol at about .015 per hour, although the rate varies from person to person. Coffee, cold showers, and food after drinking do not speed up elimination; only time does. The following charts estimate a man’s BAC one hour and three hours after he begins drinking, assuming an elimination rate of .015 per hour.

Can You Be Charged With DUI Below .08 in South Carolina?

Yes. DUI in South Carolina is based on whether alcohol or drugs materially and appreciably impaired your ability to drive, not solely on a number. If your BAC was more than .05 but less than .08, the prosecution can still use other evidence, such as your driving, your performance on field sobriety tests, and the officer’s observations of signs of intoxication, to try to prove that you were impaired. You can also be charged with DUI without any breath or blood test at all.

Are BAC Charts Accurate?

BAC charts provide only rough estimates. Your actual BAC depends on many factors that a chart cannot capture, including your sex, body composition, whether you ate, how quickly you drank, your metabolism, medications, and the actual alcohol content of your drinks. Two people of the same weight can drink the same amount and have very different results. For that reason, you should never use a chart to decide whether it is safe to drive.

The breath test itself can also be wrong. Machine problems, improper administration, and medical conditions can all affect the result. For more information, read our article on whether a DUI breath test can be wrong in South Carolina.

What Should You Do If You Are Arrested for DUI in South Carolina?

Stay calm, be polite, and do not argue with the officer. If you refuse a breath test requested under South Carolina’s implied consent law, your license generally will be suspended unless you successfully challenge the suspension; a test result of .15 or higher can also trigger an administrative suspension. It is important to understand what happens if you refuse a breath test. You have only 30 days from the issuance of the notice of suspension to request a contested case hearing, so contact a lawyer quickly. For more information, read our articles on what to do after an arrest in South Carolina and DUI penalties in South Carolina.

If you have been charged with DUI or DUAC in Charleston, North Charleston, or Mount Pleasant, our Charleston DUI lawyers at Futeral & Nelson, LLC are here to help. Contact us today to schedule a free consultation.

The post How Many Drinks Does It Take to Reach the Legal Limit in South Carolina? appeared first on Futeral and Nelson, LLC.