Columbia Underage DUI Lawyer

South Carolina has a zero tolerance law for individuals under 21 years of age. When someone has a blood alcohol content or BAC of above 0.02, they are arrested as a DUI for someone under 21. As far as implied consent is concerned, if they do refuse to take the breath test or a urine test, their license is suspended for six months.

If they blow a 0.02 or above, their license is suspended for three months and they must take the Alcohol/Drugs Safety Action Plan, the ASAP course, before being able to get their driver’s license back. A person under the age of 21 charged with a DUI is not eligible for a restricted license if their license suspension is upheld. There are not allowed to drive to and from work like someone 21 and above. If you or a loved one have been charged with an underage driving under the influence offense, consult an experienced DUI attorney that could work towards a positive outcome for you. Work with a Columbia underage DUI lawyer and know that you are in capable hands.

Laws Surrounding BAC in People Under the Age of 21 in Columbia

South Carolina has the zero-tolerance law and a low threshold of 0.02 and above triggers the impairment of driving under the influence. The law is stricter than the inference of a 0.08. Blood alcohol content in and of itself does not mean that someone is guilty of DUI.

It just means that it is inferred when someone has that threshold amount above a 0.08 or if they are under the age of 21, 0.02 and above. A juror or the law infers that someone is impaired and their faculties are materially and appreciably impaired and they should not be driving a car. Driving with unlawful alcohol concentration or DUAC for the 0.08 BAC, anything 0.08 or above is a separate offense of DUI. When a person under 21 has a blood alcohol content, it is treated differently but it is charged as a DUI. It is just not the same as someone that is over 21.

Factors Used to Determine Impairment in Underage Drivers

The law enforcement officer looks for slurred speech, glassy or watery eyes, and performance on the field sobriety tests to determine impairment in an underage drive. They evaluate the walk-and-turn, the horizontal gaze nystagmus, and one-legged stand tests. The officer looks at the results of the breath test and their driving. These are all the things assessed by the police when determining an impairment of an underage driver. A Columbia underage DUI lawyer can attempt to contest the validity of these tests.

A low threshold of 0.02 BAC could be met at one beer so the level of impairment is not the same as an adult at 0.08. If the officer believes the person ingested alcohol and their BAC level is at 0.02 or above, that would be necessary. When a person under the age of 21 drinks alcohol or beer, there is a high likelihood that the officer would automatically consider them as too impaired to drive.

How a Columbia Underage DUI Attorney Can Help

Once you are arrested, you must go through the standard booking procedure of having your fingerprints done, your picture taken, and undergoing the bond process. You are required to have a bond hearing within 24 hours of arrest. You must go through the same court procedure of having a first and second appearance in court, which is why it is important to consult a Columbia underage DUI lawyer as soon as possible to start building your defense. The attorney could attempt to get you into a diversionary program or negotiate with the prosecutor to reduce as much risk as possible. Work with an experienced DUI lawyer that could work towards a positive outcome for you.