DUI & Child Endangerment Laws in SC

Driving Under the Influence (DUI) in South Carolina is a serious offense, but when a child is present in the vehicle, the consequences become even more severe. 

South Carolina law imposes enhanced penalties for individuals convicted of DUI while transporting a minor, and in some cases, drivers may also face additional child endangerment charges.

If you or a loved one has been charged with DUI with a child in the car, it is important to understand the potential legal consequences and what options may be available.

South Carolina DUI Laws

Under South Carolina Code § 56-5-2930, it is illegal to operate a motor vehicle while under the influence of alcohol or drugs if it materially and appreciably impairs a person’s ability to drive. 

The legal blood alcohol concentration (BAC) limit in South Carolina is:

• 0.08% or higher for drivers over 21
• 0.04% or higher for commercial drivers
• 0.02% or higher for drivers under 21

When a child is present in the vehicle, the consequences of a DUI conviction become much more severe.

Enhanced Penalties for DUI with a Child in the Car

South Carolina law does not have a separate statute specifically addressing DUI with a minor in the vehicle, but the presence of a child often leads to enhanced penalties and additional charges. 

The courts consider driving under the influence with a minor as an aggravating factor, which can lead to harsher sentencing.

Potential Consequences of DUI with a Child Passenger:

• Increased Fines – Fines for DUI offenses can be significantly increased if a child is present in the vehicle.
• Extended Jail Time – A standard first-offense DUI carries up to 30 days in jail, but having a minor in the car can lead to a longer sentence.
• Felony Child Endangerment Charges – If the child is injured due to the driver’s impairment, the charge can escalate to a felony, carrying severe penalties.
• License Suspension – A DUI conviction already results in license suspension, but additional penalties may apply if a child is involved.
• DSS Involvement – The South Carolina Department of Social Services (DSS) may investigate the driver for child neglect or endangerment, potentially leading to custody issues.

Child Endangerment and Additional Charges

In addition to DUI charges, drivers may also be charged under South Carolina’s child endangerment laws. Under South Carolina Code § 63-5-70, it is unlawful for a parent or guardian to place a child at unreasonable risk of harm.

Potential Additional Charges:

• Unlawful Conduct Toward a Child – If a driver is found guilty of reckless behavior that endangers a child, they may be charged under South Carolina Code § 63-5-70, which can result in up to 10 years in prison.
• Reckless Endangerment – If prosecutors believe the driver’s actions created a significant risk to the child, additional reckless endangerment charges may be filed.

If a child is injured or killed as a result of a DUI accident, the driver could face felony DUI charges, which carry even harsher penalties, including significant prison time.

Defending Against DUI with a Child in the Vehicle

Being charged with DUI while transporting a child does not automatically mean a conviction. Several defense strategies may be available, including:

• Challenging the Traffic Stop – If law enforcement lacked reasonable suspicion to pull the driver over, the stop may be deemed unlawful.
• Questioning BAC Test Accuracy – Breathalyzers and blood tests are not always accurate, and improper procedures could invalidate test results.
• Arguing Lack of Impairment – The prosecution must prove that the driver was materially and appreciably impaired by alcohol or drugs.
• Contesting Child Endangerment Charges – If the child was properly restrained, and there was no reckless behavior, child endangerment charges may be reduced or dismissed.

Steps to Take After a DUI Charge with a Child in the Car

If you have been arrested for DUI while transporting a child, taking the right steps can significantly impact your case:

1. Remain Silent – Anything said to law enforcement can be used against you in court.
2. Request an Attorney – Legal representation is crucial when facing enhanced penalties.
3. Avoid Discussing the Case – Do not discuss the incident with others, especially on social media.
4. Attend All Court Dates – Failing to appear in court can lead to additional legal consequences.
5. Consider Treatment or Education Programs – Voluntary enrollment in a DUI or substance abuse program may demonstrate responsibility and reduce penalties.

Need Legal Help? Contact a South Carolina DUI Attorney Today

DUI charges are always serious, but when a child is in the vehicle, the legal consequences become even more severe. 

South Carolina imposes harsh penalties for DUI with a minor passenger, including higher fines, longer jail time, and potential child endangerment charges.

If you or someone you know is facing DUI charges with a child in the car, seeking legal representation as soon as possible is crucial. An experienced attorney can help navigate the complexities of DUI laws, challenge evidence, and work toward the best possible outcome.

If you are facing DUI charges with a child in the vehicle, you need strong legal advocacy on your side. Contact our law firm today for a confidential consultation and let us help protect your rights and future.