What is the BAC Limit for Someone Under 21 in South Carolina?

South Carolina takes a tough stance against underage drinking and driving. The state’s zero-tolerance policy means that drivers under the age of 21 can face severe consequences for having even a small amount of alcohol in their system.

South Carolina’s Zero Tolerance Law for Underage DUI

In South Carolina, it’s illegal for anyone under 21 to purchase, possess, or consume alcohol. This prohibition extends to driving under the influence. While the legal blood alcohol concentration (BAC) limit for drivers over 21 is 0.08%, the limit for those under 21 is much lower at 0.02%.

This 0.02% BAC limit is part of South Carolina’s zero-tolerance law, which aims to deter underage drinking and driving. The lower limit recognizes that even small amounts of alcohol can impair a young person’s driving ability and increase the risk of accidents.

Implied Consent and BAC Testing for Underage Drivers

South Carolina’s implied consent law states that by driving on the state’s roads, you have given consent to submit to BAC testing if a law enforcement officer suspects you of driving under the influence. This law applies to all drivers, including those under 21.

If an officer pulls you over and believes you’ve been drinking, they can request that you take a breathalyzer test. Refusing the test can result in automatic license suspension, even if you’re not ultimately convicted of DUI. For drivers under 21, the suspension period is typically six months for a first offense.

Types of BAC Tests Used in South Carolina

Breathalyzer tests are the most common method for determining BAC in South Carolina. These tests measure the amount of alcohol in your breath and are usually administered roadside by law enforcement.

In some cases, officers may request a blood or urine test to measure BAC. These tests are typically conducted at a hospital or medical facility and provide a more accurate measurement than a breathalyzer. However, they are less common in routine DUI stops.

Penalties for DUI Under 21 in South Carolina

An underage DUI is a misdemeanor offense in South Carolina, even for a first-time offender. The penalties can be severe and long-lasting, affecting various aspects of a young person’s life.

If convicted of underage DUI, you could face:

• Driver’s license suspension for at least three months
• Possible jail time
• Fines
• Significant increases in car insurance rates
• A permanent criminal record that can impact college admissions and employment

For young people just starting adult life, these long-term impacts can be devastating.

Defenses Against Underage DUI Charges in South Carolina

If you or your child is facing an underage DUI charge, it’s essential to explore all potential defenses with an experienced DUI attorney. Some possible strategies include:

• Challenging the legality of the traffic stop that led to the DUI arrest
• Questioning the accuracy and reliability of BAC test results
• Determining if officers violated your implied consent rights
• Presenting evidence that your BAC was below 0.02% at the time of driving
• Negotiating with prosecutors for reduced charges, such as reckless driving

Our attorneys have deep knowledge of South Carolina’s DUI laws and extensive experience defending clients against these charges. We understand what’s at stake for young people accused of underage DUI and work tirelessly to achieve the best possible outcome in each case.

If you’ve been arrested for underage DUI in South Carolina, don’t face the charges alone. The experienced DUI defense lawyers at Okoye Law are here to protect your rights and fight for your future. Contact us today for a confidential case review. We’ll listen to you, explain your options, and provide the strong advocacy you need during this challenging time.