Under South Carolina law, drivers under the age of 21 can receive a DUI if their blood alcohol concentration (BAC) is 0.02 percent or above. While the only immediate consequence of a “zero tolerance” DUI in North Charleston is a driver’s license suspension, underage drivers can face academic, military, career, and other long-term consequences as well.

If you are under 21, you are subject to South Carolina’s “zero tolerance” law. This law prohibits you from driving with almost any detectable amount of alcohol in your system. While the legal limit for drivers over age 21 is a blood alcohol concentration (BAC) of 0.08 percent, if you are under 21, you can receive a DUI with a BAC of just 0.02 percent.

Penalties Under South Carolina’s “Zero Tolerance” DUI Law

While you can get a DUI with a BAC of just 0.02 percent if you are under 21, the penalties for a “zero tolerance” DUI are not the same as those for a DUI involving a BAC of 0.08 percent or above. In fact, under South Carolina law, the only penalty for a “zero tolerance” DUI is a driver’s license suspension. If this is your first offense, your license will most likely be suspended for three months. If you have a prior conviction on your record, you could be facing a six-month driver’s license suspension instead.

Underage Drivers Can Face Additional Penalties if Their BAC is 0.08 Percent or Above

However, if your BAC was 0.08 percent or above, you can be charged with a “normal” DUI even though you are under 21. Under South Carolina law, a first-time DUI based on a BAC over the “normal” legal limit carries penalties including:

  • A six-month driver’s license suspension
  • Mandatory ignition interlock device (IID) installation for six months
  • 48 hours to 30 days in jail (or community service in lieu of jail time)
  • Up to a $400 fine
  • Hundreds of dollars in additional assessments and surcharges

If your BAC was 0.10 percent or above, or if this is not your first DUI, the penalties you are facing could be even greater. Your auto insurance premiums will go up as well—and this alone can add thousands of dollars to the cost of your DUI.

Prosecutors Can Also Pursue DUI Charges Without an Underage Driver’s BAC

A common question we receive from drivers of all ages is, “What if I didn’t take the breathalyzer?”

In South Carolina (as in most other states), evidence of a driver’s BAC is not required for prosecutors to secure a conviction. This is made clear in Section 2930 of South Carolina’s DUI law, which states:

“It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired . . . .”

If you are under 21 and you refused the breathalyzer, you can face the penalties listed above for a “normal” DUI if the police arrested you based on other evidence of impairment. Crucially, this also means that even if you have grounds to challenge your BAC reading, you may still need to assert other defenses to avoid a DUI conviction.

The Life-Altering Consequences of a DUI Conviction at Any Age

Regardless of whether you are facing a “zero tolerance” DUI or a “normal” DUI in North Charleston, a conviction can have life-altering consequences. This is not an exaggeration. In fact, it can be especially true for younger drivers. For example, along with the penalties (and increased insurance premiums) discussed above, a DUI conviction can also lead to:

A Permanent Record

Many people assume that a DUI will stay on their record for a few years, and then their record will be wiped clean. But, while this is true in some states, it is not true in South Carolina. Under South Carolina law, DUIs are not treated like speeding tickets. Instead, they are among a short list of offenses that are not eligible for expungement. So, if you get a DUI, it will stay on your record permanently.

Academic Consequences

If you are in college—or if you are planning to go to college—a DUI conviction can have academic consequences as well. All colleges have disciplinary programs; and, at some colleges, DUIs can lead to disciplinary actions up to and including expulsion. If you are planning to apply for college in the future, having a DUI conviction on your permanent record could play a major role in whether any schools accept your application.

Military Consequences

Similarly, if you are in the military—or if you are planning to join the military—a DUI conviction can have consequences for your ability to serve. For example, as explained on the U.S. Army’s website, if you get court-martialed for your DUI, “the maximum punishment [you] could receive is: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months.” If you aren’t yet in the military, your DUI could complicate the enlistment process, and it could limit the opportunities for which you are eligible.

Career Consequences

Outside of school and the military, a DUI conviction can also impact your career prospects in various other ways. Whether you drive (or would need to drive) for work, you are planning on pursuing a professional degree, or you are simply planning to apply for a job that requires trust in your ability to make sound decisions, having a DUI on your permanent record could limit your options—and this could limit your income for years (if not decades) to come.

Get the Help You Need from Experienced North Charleston DUI Lawyer Rad S. Deaton

Are you facing an underage DUI in North Charleston? If so, you owe it to yourself to fight your charge by all means available. To get the help you need from experienced North Charleston DUI lawyer Rad S. Deaton, call us at 843-225-5723 or request a free consultation online today.