DUAC: Driving with an Unlawful Alcohol Concentration

Now DUAC varies a bit from your typical DUI. First of all, DUAC means ‘driving with an unlawful alcohol concentration. While many lawyers consider this a lesser charge, DUAC is very very similar to DUI after a recent law change. In this instance, the state has to prove a BAC of .08% or greater, rather than proving impairment in a DUI case. There is no benefit to making a plea in DUAC. In fact, after the recent law change, DUAC became much easier for the state to prove.

Previously, an officer would typically dismiss the original DUI charge in exchange for a new DUAC ticket. Then, the DUAC would impact your deriving record, but not your permanent record. But, when the new legislation came in— this nice little loophole went out. Now, there is virtually no difference between DUI and DUAC. Therefore, the only benefit to taking a plea is that you don’t have to go to trial. However, only in severe cases do we find that this is an acceptable route.