DUI law may be more confusing than you think

Myrtle Beach, SC - MYRTLE BEACH, SC (WMBF) - The law in South Carolina provides a grey area where those under the legal limit of .08 but above .05 can still be arrested for DUI.

"A lot of people don't realize there is a grey area" said Sgt. John Bertang of Myrtle Beach Police Traffic Division. "If you're between a .05 and a .08 you can still be charged with a DUI" said Bertang.

If you're pulled over for being under suspicion of DUI, an officer may use field sobriety tests to help determine a persons's ability to drive.

"Your blood alcohol level may still be on the rise when you're pulled over," Bertang said.

If convicted of a first-offense DUI, a driver may lose his or her license and could face community service or jail time.

"I only had a couple of beers so it doesn't take much to blow a .08," said Chris Hutchins, a Myrtle Beach musician who has faced a DUI firsthand.

Attorney Greg McCollum, who has dealt with numerous DUI cases over his 25 years of practicing law, said that the odds of conviction depend on the other evidence against you.

"Between the .05 and the .08 - there is no inference either way," McCollum explained. "You may be guilty you may not be guilty."

Myrtle Beach Police said that they plan to step up patrols during the holiday weekend and that you can expect to see officers across Myrtle Beach.

Copyright 2010 WMBF News All Rights Reserved