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Drinking and Driving Underage in South Carolina

With college starting back up and football season approaching, underage drinking is at it’s peak season. Even though it’s illegal in South Carolina to sell alcohol to someone who is under 21 years old, underage kids still find access to it. Unfortunately, they sometimes drive a vehicle after consuming alcohol. For drivers under 21, they can be charged under South Carolina’s Zero Tolerance Law or under traditional DUI laws. With college starting back up, it is important to understand the law for underage drinking and driving in the state of South Carolina.

The Zero Tolerance Law in South Carolina

If the driver is under 21 and law enforcement suspects the driver is under the influence of alcohol or drugs, then the arresting officer can charge the driver under traditional DUI laws. However, the officer can charge the underaged drinker and driver under South Carolina’s Zero Tolerance Law. Under the Zero Tolerance Law, the legal limit is 0.02%. If the charge is a traditional DUI, then the legal limit is 0.08%. If the driver’s blood-alcohol content is over .08%, then it can be presumed the driver was under the influence of alcohol. For most underage drinkers, one drink is enough to put them over this limit. If the underage drinker and driver is suspended under the Zero Tolerance law, there can be no criminal prosecution for DUI.

The Zero Tolerance Suspension in South Carolina

Similar to the law regarding drivers over 21, a driver under 21 years old is “considered to have given consent to chemical tests of the person’s breath or blood for the purpose of determining the presence of alcohol.” So, if a young driver is arrested, and the police have probable cause to believe he or she is under the influence of alcohol, the police can demand a breath sample, or in some cases, a blood or urine sample.

If the driver refuses to give a sample, the driver will be suspended from driving for 6 months if this is a first offense. If the driver has a previous conviction for DUI or has previously been suspended for refusing to give a sample within the past three years, the person will be suspended for one year. The person will also have to complete the Alcohol and Drug Safety Action Program (ADSAP).

If the driver gives a sample and registers a 0.02 or higher, the person will be suspended for 3 months on a first offense. If the driver has a conviction for DUI or has been suspended for refusing or blowing over a 0.02 within the past 3 years, the person will be suspended from driving for 6 months.

Hiring a DUI Lawyer in West Columbia, SC

If you have bene charged with a DUI in West Columbia or the surrounding areas it may be wise to seek legal help. At The Allen Law Firm in West Columbia, we handle DUI cases. Contact us today for more information or to schedule a free consultation.

 

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