- Posted by Tim Kulp, a Charleston DUI Lawyer. Tim Kulp has over 30 years of experience as a DUI Lawyer in the Charleston area, including Mt. Pleasant, North Charleston, Summerville, and both Berkeley and Dorchester Counties. -

Currently under South Carolina DUI law, a breath device reading of .08 of one percent creates an “inference” that a driver’s mental faculties to drive are impaired from the ingestion of alcohol. This inference level has changed over the years. When I was young, it was .15. It was changed to .10 and then to the current level of .08.

As a South Carolina criminal defense and DUI lawyer, this topic in the news is of  great interest to me-and it should be to you. Like I have always said, if you drink and don’t drive, or drive and don’t drink, you  there is no need to be reading this blog.

The stated goal of those who favor a reduction of this inference level from .08 to .05 is to reduce deaths and injuries arising from accidents where drivers are intoxicated. This is noble goal. I nor anyone I know, is in favor of any other person being harmed for any reason save for self-defense or other circumstances where our laws and society recognize the use of force as justified or excusable.

However, there are other considerations here that I suggest, are worth reviewing.

South Carolina DUI/Criminal Defense Superlawyer 2010, 2011, 2012, 2013

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Kulp Law Firm accepts cases in Charleston, North Charleston, Mt. Pleasant, Summerville, Goose Creek, Hanahan, Moncks Corner, Ladson, James Island, West Ashley, Folly Beach, Sullivans Island, Isle of Palms, Awendaw, McClellanville South Carolina.