Underage DUI Laws in South Carolina: How They Differ from Standard DUI Laws

Driving under the influence (DUI) is a serious offense in South Carolina, but the laws governing underage DUI differ significantly from those that apply to drivers over the age of 21.

These differences stem from the state’s commitment to maintaining safe roadways and addressing the unique risks posed by younger, less experienced drivers.

If you or someone you know is facing an underage DUI charge, understanding the specific legal standards and penalties can make a significant difference in the outcome of your case.

What Is an Underage DUI in South Carolina?

South Carolina’s underage DUI law, often called the “Zero Tolerance Law,” is governed by Section 56-1-286 of the South Carolina Code of Laws. This statute establishes a strict standard for drivers under the age of 21.

Unlike standard DUI laws, which require evidence of impairment OR a blood alcohol concentration (BAC) of 0.08% or higher, underage drivers can face DUI charges if their BAC is just 0.02% or higher.

This low threshold underscores the state’s position that underage drinking and driving is inherently dangerous, even if the driver does not appear visibly impaired.

Key Differences Between Underage and Standard DUI Laws

1. BAC Thresholds

• Underage DUI: A BAC of 0.02% or higher can result in charges.
• Standard DUI: A BAC of 0.08% or higher is the threshold for adult drivers with some exceptions. It is important to note that evidence of impairment is also grounds for a DUI charge regardless of BAC.

The 0.02% limit for underage drivers leaves little room for error, as even a small amount of alcohol consumption can result in charges.

2. Penalties

The penalties for underage DUI differ from those for standard DUI in both severity and type.

• Underage DUI Penalties for a First Offense:
  • BAC level of 0.02 % or above, but less than 0.08%:
    • License suspension for three months
  • BAC level of 0.08% or above, but less than 0.10%:
    • Up to 30 days in jail, a $400 fine, and a six month 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 above:
    • Up to 90 days in jail, a $1,000 fine, and a six-month driver’s license suspension
  • Mandatory participation in the Alcohol and Drug Safety Action Program (ADSAP).
• Standard DUI Penalties:
  • Fines, jail time, and license suspension based on the driver’s BAC level and number of prior offenses.
  • Ignition interlock device (IID) requirements for first-time and repeat offenders.

These are the standard penalties, but certain circumstances can result in far harsher consequences.

For instance, if this is not your first DUI, if you caused an accident, had an underage passenger, or if other “aggravating factors” are involved, the penalties could be significantly more severe.

Additionally, a DUI arrest may lead to disciplinary action at school in some cases, with colleges varying in how they handle academic consequences for students convicted of DUI.

3. Testing and Implied Consent

Under South Carolina’s Implied Consent Law, all drivers are required to submit to breath, blood, or urine testing if law enforcement suspects DUI. Refusal to comply results in an automatic license suspension.

For underage drivers, the stakes are higher. A refusal can lead to:

• A six-month suspension for a first refusal.
• A one-year suspension for subsequent refusals.

These penalties are harsher than those for adult drivers, reflecting the state’s strict stance on underage drinking and driving.

4. Criminal Record Implications

An underage DUI conviction does not result in the same level of criminal penalties as a standard DUI. However, the conviction can still have long-term consequences, such as:

• Difficulty obtaining car insurance or higher premiums.
• Impact on college admissions or job prospects.
• The possibility of a permanent record in some cases, depending on the circumstances.

Defenses to Underage DUI Charges

If you or your child is charged with underage DUI, several defenses may be available depending on the circumstances of the case. These can include:

• Challenging the BAC Test: Questioning the accuracy or administration of the breathalyzer test.
• Lack of Probable Cause: Arguing that the officer did not have reasonable suspicion to pull the driver over or administer a BAC test.
• Violation of Rights: Ensuring the driver’s rights were respected during the traffic stop and arrest process.

An experienced attorney can evaluate the details of the case and determine the best course of action.

The Importance of ADSAP

Participation in the Alcohol and Drug Safety Action Program (ADSAP) is mandatory for underage DUI offenders in South Carolina.

ADSAP is a statewide program designed to educate offenders about the dangers of alcohol and drug use and help them avoid repeat offenses.

Successful completion of ADSAP is often a condition for reinstating driving privileges.

Why the Zero Tolerance Approach Matters

South Carolina’s zero-tolerance approach to underage DUI reflects its goal of reducing accidents involving young drivers.

According to the National Highway Traffic Safety Administration (NHTSA), drivers under 21 are significantly more likely to be involved in fatal alcohol-related crashes compared to older drivers.

The state’s strict laws aim to prevent these tragedies by discouraging underage drinking and driving altogether.

What to Do if Charged with Underage DUI

If you or a loved one is charged with underage DUI in South Carolina, it’s crucial to take the matter seriously. A conviction can have lasting consequences, but with the right legal guidance, it may be possible to minimize the impact.

Steps to Take:

1. Contact an Attorney: Seek legal representation to ensure your rights are protected.
2. Understand the Charges: Review the details of the arrest, including the BAC level and any additional evidence.
3. Consider Mitigating Factors: Demonstrating good behavior, participation in ADSAP, or voluntary community service can sometimes influence the outcome.

Charged with Underage DUI in South Carolina? 

South Carolina’s underage DUI laws are designed to deter young drivers from making dangerous decisions behind the wheel. By understanding these laws and their implications, minors and their families can better navigate the legal system and make informed decisions.

If you or someone you know is facing an underage DUI charge, seeking legal counsel is essential. At Seaton & Duncan, we are dedicated to helping you understand your rights and options.

Contact us today for a consultation and let us help guide you through this challenging time.