Drunken driving is well defined and the laws surrounding drunken driving are concise. In South Carolina and most other states in the country, the limit for driving under the influence or operating while intoxicated is 0.08% BAC for adult, non-commercial drivers.
There are ways by which law enforcement authorities test suspects to check whether their blood alcohol content is higher than the set limit. However, what about when the suspect is on drugs? What are the limits and how do arresting officers determine how high the suspect is prior to arresting him or her?
A wide open door
According to Clemson SC DUI lawyers that are placed on this sparkling legal website https://usattorneys.com/ that specialize in the field, the drugged driving law comes under the State law of South Carolina in Section 56 – 5 – 293. This section also deals with drunken driving or impaired driving of any sort. The law does not define exactly how high a person needs to be to for the crime to be classified as a DUI.
America needs a drug content determining gadget
It only states that if the suspect is under the influence of alcohol, drugs, a combination of alcohol and drugs or a combination of one or more drugs to the extent that it materially and appreciably influences his or her ability to operate a motor vehicle then it is a crime punishable by law.
What this means is that in South Carolina, and the majority of other states there are no established, tried and tested blood testing standards and therefore, the law cannot clearly define what amount of which drugs in the blood will qualify as a crime. This judgment is ultimately at the discretion of the arresting officer. A toxicology report may be produced by the prosecution during trial as evidentiary proof of the suspect’s drugged state during the arrest.
Which drugs are banned by South Carolina law?
According to South Carolina DUI attorneys, even though the state law does not mention exactly what amounts of contraband in the suspect’s’ blood qualifies as DUI; it does however mention which controlled substances exactly are prohibited. The entire list of substances can be found on the Drug Enforcement Administration Website of South Carolina at http://www.deadiversion.usdoj.gov/schedules/#list.
For those that are charged and eventually convicted of drugged driving, there are consequences. As far as penalties are concerned, there really is not a lot of variation between drugged driving and drunken driving, according to Clemson, SC DUI lawyers.
For both crimes, the punishments depend on the severity of the crime itself. So if the suspect in question has prior convictions for driving under the influence or drugged driving, his or her punishments will be much more aggravated when compared to someone who has been convicted of DUI or drugged driving for the first time.
Similarly, if the arrest resulted from a drunken driving or drugged driving crash that caused bodily injury or death the consequences are more grievous than when a suspect is simply pulled over for say, failing to maintain traffic lane and then arrested for impaired driving. This is when you will certainly need a DUI lawyer who can be found on this site. You may have made your life more complicated but finding a resolute and solid DUI legal representative is rather simple thanks to this website.