South Carolina has implemented strict measures to discourage underage drinking and driving. The state’s zero-tolerance policy means drivers under 21 can be arrested with a BAC limit of 0.02% or more. Penalties for an underage DUI in South Carolina include license suspension and possible jail time, and a conviction can negatively impact educational and employment opportunities.
If you or your child has been charged with underage DUI, reach out to a skilled Greenville DUI lawyer at Baldwin Law.
Zero Tolerance Policy for DUI Under 21
South Carolina enforces a zero-tolerance policy for drivers under the age of 21 who are caught driving under the influence. This means that if a minor is found to have even a small amount of alcohol in their system while operating a vehicle, they can face serious legal consequences.
The legal blood alcohol concentration (BAC) limit in South Carolina is 0.08%, it is illegal to drive with any amount of alcohol in your system if you’re under 21. If a driver under 21 has a BAC of 0.02% or higher, they can be arrested and charged with DUI.
Penalties for Underage DUI in South Carolina
The penalties for DUI in South Carolina vary depending on the individual’s BAC at the time of the offense. Penalties increase for repeat violations.
The sentence can become even more severe if the DUI offense involves injury or death to another person. In those cases, drivers may face additional criminal charges such as felony DUI, which carries significantly harsher consequences.
BAC Under 0.08% (But Above 0.02%)
For drivers under 21 with a BAC between 0.02% and 0.079%, the penalties for DUI can include:
- First Offense: A driver’s license suspension for three months.
- Second Offense: A six-month driver’s license suspension.
South Carolina has an “implied consent” law, meaning that by driving, individuals automatically consent to a BAC test if lawfully arrested for DUI. Refusal to take the test results in a six-month license suspension for a first offense, and a one-year suspension for a second refusal within five years.
First Offense: BAC 0.08% or Higher
If your BAC is 0.08% or more, you face the same penalties for DUI as someone over 21. The penalties for a first offense include:
- BAC of 0.08% – 0.10%: Up to 30 days in jail, a $400 fine, and a six-month driver’s license suspension
- BAC of 0.10% or above but less than 0.16%: Up to 30 days in jail, a $500 fine, and a six-month driver’s license suspension
- BAC of 0.16% or higher: Up to 90 days in jail, a $1,000 fine, and a six-month driver’s license suspension.
DUI 2nd Offense: BAC 0.08% or Higher
If convicted of a second DUI, penalties can include:
- BAC 0.08 – 0.10%: Minimum 5 days but up to one year in jail, a fine up to $2,100 – $5,100.
- BAC 0.10% – 0.15%: Minimum 30 days up to 2 years in jail, a fine up to $2,500 – $5,500.
- BAC 0.16% or higher: At least 90 days but up to 3 years in jail, a fine up to $3,500 – $6,500.
DUI 3rd Offense: BAC 0.08% or Higher
- BAC 0.08 – 0.10%: At least 60 days but up to 3 years in jail and a fine of $3,800 – $6,300
- BAC 0.10% – 0.15%: At least 90 days but up to 4 years in jail and a fine of $5,000 – $7,500.
- BAC 0.16% or higher: At least 6 months but up to 5 years in jail and a fine of $7,500 – $10,000.
Impact of an Underage DUI Conviction
The consequences of an underage DUI conviction extend far beyond legal penalties. A DUI can have lasting effects on a young person’s future, affecting their education, employment, and even insurance rates.
Educational Impact
Many colleges and universities conduct background checks as part of the admissions process. An underage DUI conviction could jeopardize a student’s chances of being accepted into certain institutions or qualifying for scholarships or financial aid. Schools may have policies prohibiting students from participating in sports after a DUI.
Additionally, students already enrolled in college could face disciplinary action from their school, including suspension or expulsion, depending on the severity of the offense and the school’s code of conduct.
Employment Consequences
A DUI conviction on a young person’s record can also create hurdles in the job market. Employers frequently perform background checks as part of the hiring process, and a DUI may raise concerns about responsibility, judgment, and character.
Certain industries, such as those requiring a commercial driver’s license (CDL) or positions in law enforcement, healthcare, or childcare, may be particularly unforgiving of DUI convictions. Even if the DUI occurred at a young age, it could remain on the individual’s record for years, making it harder to secure employment.
Increased Insurance Rates
One of the immediate financial impacts of a DUI conviction is the increase in car insurance rates. After a DUI, insurance companies classify the individual as a high-risk driver, leading to significantly higher premiums. These elevated rates can last several years, adding a substantial financial burden.
How a Greenville DUI Lawyer Can Help
If you or your child is facing DUI charges in Greenville, South Carolina, it’s critical to seek legal assistance from an experienced DUI attorney. At Baldwin Law, our team understands the serious consequences of underage DUI and is committed to providing the best defense possible.
Here’s how a DUI lawyer can help:
Legal Knowledge and Experience
An experienced DUI attorney knows the intricacies of South Carolina’s DUI laws and can assess the details of your case to determine if there are grounds for reducing or dismissing the charges. They can challenge the accuracy of field sobriety tests, question the legality of the traffic stop, or review whether proper procedures were followed during the arrest.
Negotiation
A lawyer can negotiate with prosecutors for a plea bargain, especially if it’s a first offense, or explore alternative sentencing options such as diversion programs that may allow for rehabilitation rather than harsh penalties.
Navigating Complex Legal Procedures
The legal process can be overwhelming, particularly for those unfamiliar with the system. A DUI attorney will guide you through each step, from the arraignment to trial, ensuring your rights are protected and that you make informed decisions.
Contact a Greenville DUI Attorney Today
An underage DUI in South Carolina carries significant legal and personal consequences. From license suspensions and fines to long-term impacts on education and employment, a DUI conviction can be life-altering for young people. However, an experienced Greenville DUI attorney at Baldwin Law can mount a strong defense.
If you or your child has been charged with DUI in Greenville, don’t face these serious charges alone. Call 864-209-1294 or contact us online today for a free case evaluation, and let our team help you navigate this challenging time.
