Getting arrested for drinking and driving before turning 21 can disrupt your education, employment, family life, driving privileges, and your record. If you are facing an underage DUI charge, it is advisable to have your case reviewed by an Isle of Palms underage DUI lawyer. A professional DUI attorney could promptly examine the traffic stop, testing procedures, and driver license suspension details.
In South Carolina, drivers under 21 are held to a much lower blood alcohol concentration (BAC) threshold than adult drivers. A BAC reading of 0.02 or higher can trigger a license suspension, which means even a small amount of alcohol can create immediate problems. Police may also request chemical testing if they believe an underage driver has been drinking and got behind the wheel.
Under-21 Alcohol Cases Can Result in Immediate License Suspension
If a driver under 21 takes the test and registers a BAC 0.02 or more, the license suspension is immediate and lasts at least three months. Should the driver refuse testing, the suspension is immediate and lasts at least six months. When there is a prior qualifying alcohol-related offense or suspension within the prior three years, the suspension period may increase to six months for a test result of 0.02 or more and to one year for a refusal.
The initial days following an arrest are critical. South Carolina allows drivers to request a contested case hearing within 30 days. For some alcohol suspensions involving individuals under 21, a Temporary Alcohol License might be issued while the hearing is pending. Consequently, an underage DUI case in Isle of Palms could involve both the original charge and a separate dispute over the ability to drive while the case is pending.
How An Underage DUI Charge Different
If the State prosecutes a case under the underage alcohol law in Isle of Palms, it generally should not also charge the same incident as standard DUI or driving with an unlawful alcohol level. This can influence the case’s charges, potential penalties, and issues your lawyer might need to contest.
Even so, the case should not be taken lightly. A young driver may still be dealing with a suspension, court dates, school discipline, family pressure, insurance concerns, and the long-term effects of an alcohol-related driving accusation. We review whether the officer had a valid basis for the stop, whether the matter was handled under the correct process, and whether the State can support each step it took.
Can Testing Procedure and Independent Testing Make a Difference?
During an underage DUI evaluation in South Carolina, the officer must first offer a breath test, with blood testing used in limited situations, such as when the driver cannot provide an acceptable breath sample. The driver must also be told about the right to an additional independent test by a qualified person at the driver’s expense, and the officer must provide affirmative assistance if that test is requested. If that assistance is not provided after a request, the breath test result can be barred in court or in an administrative case.
The Alcohol and Drug Safety Action Program (ADSAP) could also come into play in an Isle of Palms underage alcohol case. This program is tied to alcohol-related driving cases and can become part of what a young driver must complete to deal with a suspension or move toward reinstatement. That means the case can continue to affect your time, transportation, and daily routine even after the stop itself is over.
Contact An Isle of Palms Underage DUI Attorney Today
If you are dealing with an underage DUI in Isle of Palms, do not assume there is nothing to challenge. The basis for the stop, suspension paperwork, testing procedure, and hearing deadline could all shape the outcome.
Need an underage DUI lawyer? We could review your record, explain the immediate license issues, and identify weaknesses in the State’s case. Contact Adams & Bischoff to discuss your defense options.