underage drinking in south carolina

Underage drinking is a problem across the country, and South Carolina is no exception. Kids know how to sneak alcohol from their parents’ liquor cabinets and aren’t afraid to share it with their friends. But South Carolina is incredibly strict when it comes to DUI. The state levies some harsh punishments for both children and adults. While a South Carolina DUI defense attorney can represent your child if they’re charged with DUI, it’s still helpful to understand what can lead to the charge in the first place. Here’s what you need to know about underage drinking and DUI.

Even One Drink Can Get Kids in Trouble

Ultimately, underage drinking is considered an illegal activity unless the alcohol is provided to the underage person in very specific circumstances. These circumstances include the following:

  • The alcohol was provided by the underage person’s of-age spouse and was consumed in their home.
  • The alcohol was provided by the underage person’s parents and was consumed in their home.
  • The alcohol was consumed in a religious ceremony like communion.

These circumstances make underage consumption legal, but there is no other wiggle room. If an underage person has even a single drink that wasn’t provided by a spouse or a parent, it’s illegal and can be punishable by law.

South Carolina Has a Zero Tolerance Policy for Underage DUI

Having one drink is illegal and punishable by law, but driving under the influence as an underage drinker carries even heftier penalties. But what makes South Carolina unique is that it has a zero-tolerance policy for underage DUI. 

If a person under 21 has a BAC of 0.02 percent, they can be charged with a DUI. That’s the equivalent of having just a single drink and getting behind the wheel. The underage drinker may not even feel the effects of the alcohol and may otherwise be driving safely. But if they’re tested and blow a 0.02 percent BAC, law enforcement can charge them with DUI. 

Officers Can Perform Breath Tests on the Road

Law enforcement is committed to reducing the number of underage drinkers on the road. They’re permitted to administer roadside breath tests to minors even if their parents are not present. But to administer the test, they must have reasonable suspicion that the underage driver consumed alcohol. 

If the driver is driving erratically, exhibiting signs of impaired judgment, or showing other common symptoms of alcohol consumption, officers can take action.

Minors Can Be Charged With DUI in South Carolina

If an underage driver blows a 0.02 percent on a breath test, the officers can charge them with a DUI. These charges can be difficult to defend against, and if your child is convicted, the charges can dramatically alter the course of their life.

Drinking underage is a misdemeanor that can seem relatively harmless, but a DUI conviction will establish a criminal record for your child. And that can have serious consequences for their future. They may find it harder to get a job, find an apartment, or even go to college. 

The state will levy severe punishments of up to 30 days in jail and fines of up to $1,000 for each underage infraction. 

Work With an Experienced South Carolina DUI Defense Attorney

If your child has been arrested for drinking underage or driving under the influence, the best thing you can do is contact an experienced South Carolina DUI defense attorney. They’ll be able to assess the situation and represent your child’s case in court. While there’s no guarantee that the charges will be dropped, your attorney will do everything they can to help. Contact the team at Truslow & Truslow today.