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What is Child Endangerment in South Carolina?

South Carolina Child Endangerment Charge

In South Carolina, child endangerment is a separate criminal offense that can be added to a driving under the influence charge. Under South Carolina Code § 56-5-2947, this law applies when someone is accused of DUI while a passenger under the age of sixteen is in the vehicle. The law is designed to add extra penalties when a child is present during the alleged offense. If convicted of both DUI and child endangerment, the driver can face a higher fine, a longer potential jail sentence, and an additional period of driver’s license suspension beyond what the DUI charge alone would carry.

It is important to understand that it is not automatically illegal to be arrested for DUI with a child in the vehicle. The child endangerment statute only applies when the driver is actually guilty of DUI. This means that if the DUI charge is dismissed, reduced to a non-DUI offense, or resolved in a way that avoids a DUI conviction, there is no legal basis for the child endangerment charge to stand. Because of this, defending the underlying DUI is often the key to protecting yourself from the added consequences of child endangerment. Many people in this situation benefit from working with an experienced South Carolina DUI defense lawyer who understands how to challenge both the criminal charges and the related license suspension.

Why This Charge Is Serious

A child endangerment conviction can have consequences far beyond the criminal penalties. Many people worry about the impact of this type of charge on employment background checks, particularly if their work involves being around children. Those who are involved in contested custody or visitation arrangements may also face added difficulties, as the other parent could use the arrest to attempt to modify custody in family court. In addition, an arrest for child endangerment can trigger a separate investigation by the South Carolina Department of Social Services. That investigation is handled independently from the criminal case and can have its own outcomes, including restrictions on time spent with children. If DSS becomes involved, it is important to understand your rights during a South Carolina DSS investigation.

Consequences If Convicted

If both the DUI and child endangerment charges result in convictions, the driver will face more severe penalties than for DUI alone. This can mean increased fines, longer jail sentences, and an additional driver’s license suspension. Even those with no prior record can face significantly harsher consequences when a child is involved. Because of the increased penalties, anyone facing this situation should know what to expect regarding a South Carolina driver’s license suspension after DUI.

Defending Against DUI and Child Endangerment

Because child endangerment depends entirely on a DUI conviction, challenging the DUI charge is often the most effective way to eliminate both offenses. In many cases, it is also possible to negotiate a dismissal of the child endangerment charge even if there is significant evidence supporting the DUI allegation. Each case is different, but the goal is to avoid the long-term effects that this type of conviction can have on employment, family matters, and driving privileges. Learning about the penalties for DUI in South Carolina can help you better understand what is at stake.

Disclaimer: All cases are unique, and prior results obtained by the attorney in one matter do not indicate similar results can be obtained for other clients in other matters.

If you have been charged with DUI and child endangerment in South Carolina, the Law Office of James R. Snell, Jr., LLC can help. We represent clients in Lexington, Columbia, and throughout the state. Call (803) 359-3301 today to schedule your consultation. Same-day appointments are typically available.

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