In South Carolina, driving while under the influence (DUI) is a serious offense that carries significant penalties, including hefty monetary fines, driver’s license revocation, and possible jail time. However, it’s crucial to understand that you will face harsher penalties if certain aggravating factors occur. One factor that can lead to enhanced penalties is having a minor passenger in the vehicle at the time of the DUI offense. All states have child endangerment laws that make it illegal for a parent or responsible adult to place a child in danger. DUI falls under this definition. Please continue reading to learn how having a minor passenger in the vehicle can impact the outcome of your case and why connecting with an experienced Chesterfield County DUI Lawyer is in your best interest.
What Enhanced Consequences Will I Face for a DUI with a Minor Passenger in South Carolina?
Under South Carolina law, the same penalties are imposed with a minor passenger as for DUI with a blood alcohol concentration (BAC) of 0.15%, which is almost twice the state’s legal threshold of 0.08% in presuming intoxication. Any person convicted of a DUI who, at the time of the offense, was accompanied in the vehicle by a person under 16 years old is subject to enhanced penalties. Even if this is your first offense and you didn’t cause accidents or injuries, you will face steeper monetary fines, higher statutory maximum jail terms, and a mandatory requirement that an ignition interlock device (IID) is installed in your vehicle. It’s important to understand that you can also face child endangerment charges for driving under the influence with a minor in the car. A person is found guilty of child endangerment will face the following penalties:
- A fine that is not more than one-half of the DUI charge
- A term of imprisonment that is not more than one-half of the DUI charge
- Suspension of your driver’s license for 60 days (during these 60 days, you are not eligible for a provisional license or permitted to enroll in an alcohol and drug safety action program to receive conditional driving privilege)
While driving while under the influence with a minor passenger is generally a misdemeanor offense, you can face felony charges if you are involved in an accident that causes serious bodily harm to the minor. If this is the case, you can face a minimum of one year of imprisonment and a minimum fine of $2,500.
If you were arrested for DUI with a minor passenger in South Carolina, it’s in your best interest to contact a dedicated Chesterfield County DUI lawyer, who can effectively represent your interests and defend your rights. At the Cockrell Law Firm, P.C., we understand your future is on the line. Contact our criminal defense lawyers today to learn how we can help craft a robust defense strategy.
