Under 21 and Charged With DUI in South Carolina: Next Steps

A DUI charge comes with severe penalties, especially if you are under the age of 21. The minimum age to purchase and consume alcohol is 21, so younger motorists should not have any alcohol in their system. Contact William G. Yarborough, Attorney at Law, if you are facing a DUI under 21 charge. You have options for defending yourself and maintaining your license, but fast action is advised. Our Greenville, SC DUI lawyer explains the steps to take in this article.

Drivers Under 21 Blood Alcohol Concentration Limits

South Carolina’s “Zero Tolerance Law” is found at South Carolina Code § 56-1-286. It states that your license will be suspended if your blood alcohol concentration (BAC) is 0.02% or higher. That is a lower threshold than the standard for adults, which is 0.08%.

One drink is usually enough to put someone over the 0.02% threshold. That means you can face DUI charges for having a beer and then slipping behind the wheel of a car.

What Happens if You Get a DUI Under 21?

The penalties for a DUI under 21 will depend on your BAC. Here is what a first-time offender is facing:

BAC of at least 0.02% but less than 0.08%: license suspension for three months.
0.08% but less than 0.10%: maximum 30 days in jail, a fine, and a six-month license suspension.
0.10% but less than 0.16%: maximum 30 days in jail, a fine, and a six-month license suspension.
BAC of 0.16% or above: 30-90 days in jail, a fine, and a six-month license suspension.

Defendants will also need to participate in a mandatory Alcohol and Drug Safety Action Program. The course covers the dangers of alcohol and drugs and is a prerequisite for getting your license back.

What Should You Do After an Arrest?

Because penalties are steep, defendants should act quickly to ensure they are bringing the best defense. We recommend the following steps.

Contact an experienced lawyer to discuss your case. There are many moving parts to a DUI charge, and defendants need to make sure they are doing everything possible to effectively defend themselves. A lawyer can attack the state’s evidence and highlight all the weaknesses in the case against you.
Request an administrative hearing. All motorists have given implied consent to take a chemical test when an officer suspects the driver is intoxicated. Your license is automatically suspended if you refuse to take the test or you blow a high number. However, you can request an administrative hearing to challenge the police stop.
Install an ignition interlock device (IID). You might instead choose to install an IID on your vehicle so you can continue to drive while your case works its way through the justice system. Discuss this option with your lawyer. You will be responsible for installing the device on the vehicles you drive. You cannot tamper with the IID in any way, either.
Check whether you can continue with school. A college student might be suspended for any criminal activity, including a DUI. That is one consequence of this type of arrest. You should fully understand all the downstream consequences of a DUI.
Understand your charges. Are you facing more than a DUI? South Carolina underage drinking laws could come into play. For example, under Section § 63-19-2440, you might face charges for simply holding an alcoholic beverage. Also, you might face drug possession charges if the police find drugs in the vehicle or on your person.

Once you hire a lawyer, you can work to build a solid defense. Provide all the requested information to your lawyer to help them with your case.

How We Challenge a DUI Under 21

Attorney Yarborough only raises defenses that have some basis in the facts of the case. That means a defense that works for a friend or cousin might not work for you.

Some of the common defenses we raise include:

Lack of reasonable suspicion for the stop. Did the officer have a valid reason for pulling you over? If not, they have violated your Fourth Amendment rights, and we can seek a dismissal of charges.
Lack of probable cause for a search or an arrest. The police cannot search a vehicle without probable cause, nor can they arrest someone.
Unreliable breathalyzer results. The officer might not have been professionally trained, or the device may have been faulty in some way. We might also offer innocent reasons for why you failed the test.

We can also represent our clients in an administrative hearing, where we can argue that you should keep your license because the officer did not follow the law.

Should You Just Plead Guilty to Underage DUI?

Some defendants are tempted to plead guilty to get the case over and done with so they can move on with their lives. We recommend talking with an attorney first. This is a serious criminal charge. A younger person is getting off to a rocky start in life with a DUI on their record. Some employers won’t hire you if they see a criminal background, and you could be kicked out of school.

Remember, the state will not automatically expunge an underage DUI. The prosecution will not simply slap you on the wrist, either, because you are young. Too many Defendants think the Solicitor will take it easy on them, only to end up facing maximum penalties. The risk is so high, you need to obtain legal advice before choosing a course of action.

Facing DUI Under 21 Charges? Contact Our Law Firm

Attorney Yarborough has more than 30 years of experience in criminal defense, and he is eager to hear your story. Our firm has successfully defended many clients from DUI charges, including those under the age of 21. One misconception is that these are unwinnable cases, but the state often makes serious errors in its case. Evidence might be conflicting, which we can emphasize. To learn more, contact our office and schedule your consultation to go over the day in question and what happened in the moments leading up to your arrest.