Your freedom, record, and even parental rights may be at stake
Getting charged with driving under the influence (DUI) is serious enough on its own. However, if a child is in the vehicle at the time, South Carolina law takes an even stricter stance. What might have been a misdemeanor offense can quickly escalate into a felony, resulting in years in prison, substantial fines, and long-term personal consequences. If you’re facing this situation or want to understand the risks, here’s what you need to know about how South Carolina treats DUI cases involving minors.
What does South Carolina law say about DUI?
In South Carolina, DUI means operating a motor vehicle while materially and appreciably impaired by alcohol or drugs. You can be charged with DUI even if your blood alcohol concentration (BAC) is below the legal limit if there’s evidence that your ability to drive was impaired.
The state also has a related offense called Driving with an Unlawful Alcohol Concentration (DUAC). Unlike DUI, DUAC is based solely on your BAC without needing proof of visible impairment. This is 0.08% or higher for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under the age of 21.
For a standard DUI with no aggravating factors:
- First offense: Fine up to $400, 48 hours to 30 days in jail, and a 6-month license suspension.
- Second offense: Higher fines, 5 days to 1 year in jail, and a 1-year license suspension.
- Third offense: 60 days to 3 years in jail and longer suspensions.
- Fourth or more: Felony DUI, 1 to 5 years in prison, and permanent license revocation.
These are the baseline penalties. Add a child passenger into the mix, and things can escalate fast.
When does a DUI become a felony?
Under South Carolina law, certain circumstances automatically elevate a DUI to a felony. The most common is when impaired driving causes great bodily injury or death. When a child is in the vehicle, the stakes are even higher. Even without an accident, the presence of a minor can lead prosecutors to pursue harsher charges or sentencing. If the child is injured, a felony charge is almost guaranteed.
South Carolina doesn’t have a separate DUI statute involving minors. Instead, it treats the situation as an aggravating factor under the state’s child endangerment law (S.C. Code § 56-5-2947).
If convicted, you could face:
- Extra fines and jail time: Up to half the penalty for the underlying DUI charge.
- Additional license suspension: A separate 60-day suspension on top of your DUI suspension.
- Permanent license revocation: Possible in severe cases, especially with prior offenses or if the child was hurt.
If the child is injured in the incident, the offense can immediately become felony DUI, even if the injuries aren’t life-threatening. This reflects the state’s position that children are especially vulnerable and must be protected from impaired driving risks.
What other consequences come with DUI charges with a child present?
In many cases, prosecutors will “stack” charges by filing both DUI and child endangerment counts for the same incident. That means you could be sentenced separately for each offense. If those sentences run consecutively, your total jail time could be much longer.
For example, imagine you’re pulled over with a BAC of 0.10% and your 12-year-old child in the back seat. Prosecutors might charge you with DUI (with standard penalties for your offense level) and child endangerment (adding more fines, jail time, and license suspension). The result is a harsher overall punishment, both criminally and administratively.
Beyond criminal penalties, administrative penalties from the South Carolina Department of Motor Vehicles can include:
- Immediate license suspension if you fail or refuse a BAC test
- Ignition interlock device requirements for repeat offenses or high BAC levels
- Administrative hearings you must attend if you want to contest a suspension
Child protective services involvement is another major risk. The Department of Social Services can investigate, which could impact custody or visitation rights, even if the child wasn’t harmed. Civil liability is also possible. Another parent or guardian may file a lawsuit seeking damages, particularly if the incident involved a car accident or resulted in an injury.
Long-term personal impacts include skyrocketing insurance premiums, difficulty finding employment, and having a criminal record that can affect housing, travel, and professional opportunities.
Are there defenses to these charges?
While DUI with a child in the car is taken extremely seriously, there are potential defenses and strategies to fight the charges or reduce the penalties.
Possible defenses include:
- Challenging the stop: If the officer didn’t have a valid reason to pull you over, evidence gathered afterward could be excluded.
- Questioning test accuracy: Breathalyzers must be properly maintained and operated to ensure accurate results. Any errors could call BAC results into doubt.
- Disputing impairment: You may be able to show that you were not materially and appreciably impaired, even if alcohol was present.
- Contesting child endangerment: If the child was properly restrained, and no unsafe driving occurred, your attorney may argue the risk was minimal.
Mitigation strategies might include:
- Entering alcohol education or treatment programs
- Showing a clean driving record before the incident
- Negotiating a plea to a lesser charge, such as reckless driving, in exchange for avoiding felony consequences
Why should I take these charges seriously?
A DUI with a child passenger is among the most serious impaired driving offenses in South Carolina. Even if it’s your first offense, prosecutors and judges may be less inclined to offer leniency when a child’s safety was at risk. It’s not just about the criminal penalties. It’s also about the long-term ripple effects on your family, career, and future.
If convicted, you could be looking at:
- Felony status on your criminal record
- Extended time in prison
- Loss of driving privileges for months or years
- Strained or lost parental rights
Protect your rights and your future after a DUI with a child passenger
If you’ve been charged with DUI while a child was in your vehicle, the stakes couldn’t be higher. South Carolina DUI defense attorney Matt Bodman understands the urgency of these cases and is here to protect your rights.
Our law firm defends drivers in Columbia, Richland County, and throughout South Carolina, bringing decades of experience and insider knowledge from Attorney Bodman’s time as a former prosecutor.
We know the tactics the state will use, and we know how to challenge evidence, question procedures, and build a strong, strategic defense designed to get you the best possible outcome.
The sooner you contact us, the sooner we can begin preserving evidence, protecting your license, and fighting for your freedom. Don't wait to schedule your free, confidential consultation. One call can make the difference between a life-altering conviction and a second chance.
"Matt Bodman is a terrific attorney. He is extremely professional and handled my case in an extremely efficient matter. While working with him, he was easily accessible and gave excellent legal advice. My legal matter couldn't have been handled any better. I highly recommend Matt." - Former Client, ⭐⭐⭐⭐⭐
