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What is Underage DUI in South Carolina? 
In South Carolina, the legal drinking age is 21, and the state enforces a “Zero Tolerance” policy for drivers under this age. Unlike adults, who can legally drive with a BAC (blood alcohol content) of 0.08%, underage drivers face much stricter rules. If a driver under the age of 21 has a BAC of 0.02% or higher, they can be charged with underage DUI. This is a much lower limit than for adults and means that even a small amount of alcohol can result in criminal charges. The “Zero Tolerance” policy is designed to deter young drivers from drinking and driving and to protect public safety.
Penalties for Underage DUI in Clemson
When a college student is charged with an underage DUI in Clemson, the penalties can be severe. For a first offense, the following consequences are common:- License Suspension – Your driver’s license will be suspended for a period of time, usually 3 months for a first offense. In some cases, you may be eligible for a provisional license or hardship license, which allows you to drive under specific circumstances.
- Fines and Fees – A first-time offender may face fines that can range up to $400. The amount may increase if you have a higher BAC or additional offenses on your record.
- Community Service – Depending on the circumstances of your case, you may be required to complete community service hours. Typically, you may be required to complete 8 to 16 hours.
- Alcohol Education and Counseling – South Carolina may require you to attend alcohol education classes or counseling sessions as part of your sentence. These programs are designed to help young drivers understand the dangers of alcohol consumption and impaired driving.
- Criminal Record – A DUI conviction, especially if it is a repeat offense, can result in a permanent criminal record. This can affect future employment opportunities, academic standing, and personal relationships.
How Does an Underage DUI Charge Affect Your College Career?
An underage DUI charge can have significant repercussions for a college student. Aside from the legal penalties, you may face academic and disciplinary action from your university. Clemson University and other colleges may impose their own sanctions, such as suspension from extracurricular activities, sports teams, or on-campus housing. In some extreme cases, your university may expel you for a DUI conviction. Additionally, a DUI conviction may affect your eligibility for scholarships, student loans, or financial aid. Many scholarships and financial assistance programs require students to maintain a clean criminal record. A DUI conviction can put your academic career at risk and may prevent you from receiving the financial support you need to continue your studies.The Impact on Your Future Employment
A DUI conviction, even if you were underage at the time of the offense, can follow you for years. Many employers conduct background checks on potential employees, and a criminal record can make it more difficult to secure a job. This is especially true for positions that require driving, as employers may be hesitant to hire someone with a DUI conviction on their record. Even if the job does not involve driving, a criminal record may make it harder to compete with other candidates for the same position. Moreover, a DUI conviction can affect your ability to obtain professional licenses, such as those required for careers in law, healthcare, and education. If your career path requires a clean criminal record, a DUI conviction may significantly hinder your ability to achieve your professional goals."He has an innate ability to convey to clients what really matters in their cases."
"John Bateman is my absolute go to peer in the legal field when it comes to questions about DUI. . . . He has an innate ability to convey to clients what really matters in their cases. As a fellow attorney, I highly recommend John to anyone in the SC or NC areas who are looking for... legal representation when facing a DUI charge."
M. Brock
"An excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State"
"John is an excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State, and also the same training as the people who are the instructors of the police officer training courses on field sobriety tests. He is very passionate about DUI's and I recommend him often to people who are facing serious charges in the upstate area."
P. Hammond
"He cares for each of his clients and works extremely hard to achieve results."
"Very knowledgeable and thorough in his preparation and representation of his clients. He cares for each of his clients and works extremely hard to achieve results. I highly recommend this lawyer."
C. Grubbs
What to Do After an Underage DUI Arrest
If you are arrested for underage DUI in Clemson, it’s important to take immediate action. Your first step should be to contact a criminal defense attorney who specializes in DUI cases. An experienced attorney can help you understand the legal process, your rights, and the best course of action to minimize the consequences of your charge. You will also need to request an administrative hearing with the South Carolina Department of Motor Vehicles (DMV) to contest your license suspension. In South Carolina, you have 30 days from the date of your arrest to request this hearing. Failure to do so will result in an automatic suspension of your driver’s license. Gathering evidence is another critical step. If possible, collect any information or materials that may support your defense, such as witness statements, dashcam footage, or records from the field sobriety tests. This evidence can help your attorney build a strong case to challenge the charges against you.Possible Defenses to an Underage DUI Charge
While being charged with underage DUI can feel overwhelming, it’s important to remember that you are not automatically guilty. Several defenses can be raised in a DUI case, including:- Unlawful Traffic Stop – If the officer did not have probable cause to pull you over, any evidence obtained during the stop may be inadmissible in court.
- Breathalyzer or Blood Test Errors – Breathalyzer devices are not always accurate, and errors in administering or maintaining the equipment can lead to false readings. Additionally, blood tests may be improperly handled, leading to inaccurate results.
- Improper Procedure by Law Enforcement – If the arresting officer did not follow proper procedures during the arrest or testing, the case against you may be weakened.
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