What is South Carolina’s Zero Tolerance Law?
South Carolina’s Zero Tolerance Law targets drivers under the age of 21 who operate a vehicle with a Blood Alcohol Concentration (BAC) of 0.02% or higher. This law is intended to discourage underage drinking and driving by setting a much stricter BAC limit than the typical 0.08% threshold for drivers over 21.
A Brief History of South Carolina’s Zero Tolerance Law
The Zero Tolerance Law was enacted as part of South Carolina’s efforts to reduce underage drinking and driving. It aligns with federal guidelines to combat impaired driving among youth. South Carolina’s Zero Tolerance Law is similar to laws in neighboring states like North Carolina and Georgia, which also impose strict BAC limits for drivers under 21.
How the Law Impacts Young Drivers in Columbia and Richland County
The University of South Carolina and other local schools like Columbia College and Benedict College are hubs for young drivers in Columbia. Given the high student population, enforcement of this law is particularly strong in these areas. A Zero Tolerance violation can lead to significant consequences for students, including academic impacts such as loss of scholarships or difficulty with college enrollment.
Penalties for Violating the Zero Tolerance Law
Drivers under 21 who violate South Carolina’s Zero Tolerance Law face the following penalties:
– License Suspension: A first offense results in a three-month suspension, while a second offense can lead to a six-month suspension.
– Fines and Court Costs: Drivers may be subject to fines and additional court costs.
– Alcohol Education Programs: Participation in Alcohol and Drug Safety Action Program (ADSAP) is mandatory to regain driving privileges.
– Impact on College Enrollment and Scholarships: Violations may affect eligibility for scholarships and academic standing.
– Long-Term Effects on Insurance: Convictions can result in higher insurance premiums and points added to a driver’s record, which can affect their ability to secure affordable coverage.
Testing Procedures for BAC Levels
Law enforcement officers use breathalyzer tests to determine BAC during traffic stops. If a driver contests the results, they may be subjected to blood tests for confirmation.
Legal Options for Drivers Under 21
Drivers caught under the Zero Tolerance Law may explore several legal avenues, including:
– Challenging the BAC Test: Contesting the accuracy of breathalyzer or blood test results.
– Plea Bargaining: Negotiating with prosecutors to reduce the charge.
– Diversion Programs: First-time offenders may qualify for programs in Richland County that reduce penalties upon completion.
How a Columbia-Based Defense Attorney Can Help
Hiring a local attorney with experience in Columbia or Richland County is crucial. A seasoned defense attorney can challenge the evidence, negotiate with prosecutors, or help a young driver enroll in an alcohol education program to mitigate the penalties.
Zero Tolerance and Underage Drinking Laws
In addition to driving violations, South Carolina also enforces strict laws on underage drinking. These laws apply to possession and consumption of alcohol and are often linked with Zero Tolerance violations.
Statistics on Zero Tolerance Arrests in South Carolina
Recent statistics show that a significant portion of DUI-related arrests in South Carolina involve drivers under the age of 21, particularly in areas around major universities like the University of South Carolina.
Zero Tolerance Violations for Out-of-State Students
Out-of-state students attending schools in South Carolina are also subject to the state’s Zero Tolerance Law. Violations may be reported back to their home state through the Interstate Driver License Compact, leading to further penalties.
License Reinstatement After a Zero Tolerance Suspension
After serving a suspension, drivers must complete the ADSAP program and pay associated fees to reinstate their license. They may also need to provide proof of SR-22 insurance coverage, indicating higher-risk status.
Common Myths and Misconceptions
A common misconception is that Zero Tolerance violations are minor offenses. In reality, these violations carry long-term consequences, including higher insurance premiums and potential impacts on future employment.
The Impact on Future Employment and Background Checks
Zero Tolerance violations can appear on background checks, potentially affecting job prospects, particularly for positions that require driving.
FAQ Section
– Can a Zero Tolerance violation be challenged in court? Yes, a defense attorney can help contest the results of BAC tests or negotiate lesser penalties.
– How long will my license be suspended? A first-time violation results in a three-month suspension.
– Does Zero Tolerance affect my insurance? Yes, violations typically lead to higher insurance premiums.
Conclusion on Zero Tolerance
South Carolina’s Zero Tolerance Law is a serious measure aimed at reducing underage drinking and driving. Violations can have significant legal, academic, and financial consequences. Hiring an experienced local attorney is the best way to navigate these charges and minimize their impact.
