Columbia Underage DUI Penalties

Columbia underage DUI penalties are not to be taken lightly in South Carolina. Having a criminal record at a young age can be detrimental to one’s access to education and employment in the future. No one should have to spend their childhood or adolescent years behind bars. Know that children have just as much of a right to legal representation as adults in a criminal case and that a diligent underage DUI attorney could fight for your child’s rights today. Read on to learn more about what goes into Columbia underage DUI penalties, as well as how an experienced lawyer could work to make a difference in your child’s case.

Trial Process

Underage DUI cases are treated very similarly to regular DUI offenses in how seriously they are prosecuted by law enforcement. If the defendant is 16 years old or younger, then the criminal charge is sent to juvenile court where a family court judge presides over the case. The family court judge will have the final decision to sentence a juvenile. Juveniles receive adjudications rather than convictions.

Because underage individuals are usually dealing with their first criminal offense, police officers are often more willing to help resolve the case to avoid the harshest Columbia underage DUI penalties. They could help fight the case to a trial, find a way to negotiate the case to a reduced charge, or find a diversionary program that is available to try to make sure this first-time offender has a clean record by the end of this process.

Potential Sentencing

Columbia underage DUI penalties are still the same as those of an adult DUI as far as having a suspend-able minimum of 48 hours up to 30 days in jail. One of the long-term consequences of this type of conviction is the inability to receive a life scholarship in South Carolina for college. But as far as the sentence penalty, the fine and jail sentence of 48 hours up to 30 days for a first offense DUI of below .09 or .08 BAC level is exactly the same. In South Carolina, juveniles are not provided jury trials and the procedure is incredibly different.

The South Carolina Department of Juvenile Justice conducts an evaluation of the minor child and prepares a report to the judge. The judge ultimately has the decision to sentence a juvenile to an indeterminate amount of time in prison not to exceed the juvenile’s 21st birthday.

The Importance of a Skilled Defense Attorney

As with any DUI charge, an individual will want an experienced attorney who has had specific DUI training to be able to identify the constitutional issues and legal defenses available to see whether the case can either be dismissed or negotiated to a reduced charge. One’s developmental years are significant to the way a young individual will see the world as an adult, and spending that time behind bars can be detrimental to anyone’s mental health.

For this reason, a dedicated defense attorney will aggressively fight against one’s Columbia underage DUI penalties in an attempt to lessen their consequences or find an alternative diversionary program to take part in instead. Consider reaching out to a qualified criminal lawyer today for your initial consultation.