Underage DUI Defense in Lexington

A 0.02% BAC Can Put a Young Driver’s License at Risk

South Carolina’s zero tolerance law, South Carolina Code Section 56-1-286, applies to drivers under 21 with a blood alcohol concentration of 0.02% or higher. A reading at that level can trigger an administrative license suspension through the South Carolina Department of Motor Vehicles, even when the driver’s BAC is below the 0.08% threshold for an adult DUI or driving with an unlawful alcohol concentration charge. This administrative proceeding is separate from any criminal prosecution.

Attorney James R. Snell, Jr. authored South Carolina DUI Defense: The Law and Practice, a legal reference used by attorneys across the state. He is also trained as an instructor in the National Highway Traffic Safety Administration standardized field sobriety tests that officers use during DUI investigations. This background allows us to examine both the law and the testing procedures behind an underage DUI allegation.

How BAC Results & Test Refusals Affect the Consequences

The consequences depend on the test result, whether the driver refused testing, and whether there are prior zero-tolerance violations. Resolving the administrative suspension doesn’t automatically resolve a related criminal case, or vice versa.

The principal blood alcohol concentration tiers include:

• 0.02% to below 0.08%: A first zero-tolerance violation carries a three-month license suspension. A subsequent violation carries a six-month suspension.
• 0.08% or higher: A driver under 21 can face the same DUI or driving with an unlawful alcohol concentration charge brought against an adult, including possible fines and jail time.
• Breath test refusal: South Carolina’s implied consent law treats driving as consent to chemical testing under qualifying circumstances. Refusal can trigger a separate automatic license suspension.

An administrative suspension can begin before the criminal case is decided. We review the testing records, stated basis for the suspension, and available procedures to identify issues that may require immediate action.

How Age Determines the Court Process

An underage DUI doesn’t follow a single court process. Drivers younger than 17 are generally processed through South Carolina Family Court, while drivers who are 18 through 20 proceed through the adult criminal court system. The path for a 17-year-old requires a close review of the charge and jurisdictional details.

In Family Court, a judge decides the case rather than a jury. If the prosecution seeks to transfer an eligible minor to adult court, the minor is entitled to a waiver hearing before the transfer can occur. We examine the driver’s age, allegations, and charging documents before explaining which process applies and what comes next.

School, Work, Insurance, & Scholarship Concerns

A suspension can interfere with transportation to classes, work, training programs, and other obligations. Insurance premiums may also increase depending on the final disposition and the insurer’s review.

College students may need to consider scholarship requirements. South Carolina’s LIFE Scholarship certification addresses a second or subsequent alcohol-related or drug-related misdemeanor conviction within the past academic year. An alcohol-related conviction may therefore prompt an eligibility review, but it doesn’t mean every allegation automatically causes a student to lose the scholarship.

A South Carolina DUI conviction isn’t eligible for expungement. Evaluating the evidence and possible collateral consequences is therefore important before making decisions that could affect the case.

How We Examine an Underage DUI Allegation

A breath test number doesn’t end the analysis. Attorney James R. Snell, Jr. has defended DUI cases for more than two decades in General Sessions, Magistrate, and Municipal Courts throughout South Carolina. His training in standardized field sobriety testing provides a detailed foundation for reviewing how officers instructed, demonstrated, administered, and documented the tests.

Our review can address:

• The traffic stop: Whether the officer had reasonable suspicion to stop the vehicle.
• Field sobriety testing: Whether officers followed standardized procedures and whether road, weather, medical, or other conditions affected their observations.
• Breath testing: Whether the device, records, operator, and testing procedure complied with applicable requirements.
• Implied consent procedures: Whether officers properly gave and documented the required warnings and testing steps.
• Video and reports: Whether dashboard footage, body-camera footage, and written reports support or conflict with the allegations.

We use the available evidence to identify potential defenses and explain the practical options. No defense applies automatically. The appropriate strategy depends on the stop, testing process, BAC tier, driver’s age, and court involved.

Get a Clear Plan After an Underage DUI Arrest

Law Office of James R. Snell, Jr., LLC was established in 2004 and has handled over 4,000 matters. We’re based in Lexington and also serve clients through our Columbia location. Our attorneys are members of the South Carolina Association of Criminal Defense Lawyers. Clients receive a dedicated paralegal who provides updates and responds to questions. We also use a pre-planned communication system to keep clients informed as the license and court proceedings move forward, without hidden fees or unexpected communication gaps.