Click here to call for a free consultation
Whalen Montalvo

Underage DUI

Underage drinking is not cool, and driving drunk is downright deadly. An arrest for underage DUI is a serious matter, with stiff penalties. Fines and possible jail time are frightening possibilities for any age, especially those age 21 and under.

While the motor vehicle division, not the criminal courts, manages South Carolina’s underage DUI arrests, it is still a complex process. Having an underage DUI attorney by your side throughout your case is critical for securing the best outcome possible.

South Carolina’s Zero Tolerance Law

Severe penalties exist for underage drinkers.

It is illegal for persons under the age of 21 to purchase, possess, or consume alcoholic beverages. Consuming alcohol at the age of 21 or younger and getting behind the wheel violates the state’s zero-tolerance law.

South Carolina’s zero-tolerance law means just that — there is no tolerance for underage drinking and driving. This refers to drivers under the age of 21 with a blood alcohol content (BAC) level of .02 to .08 percent.

Alcohol impairs judgment, delays reaction times, and affects vision. Combine young passengers with these impairments, and the results are dangerous and potentially deadly.

For underage drinkers who cause a fatality, civil consequences may accompany any criminal charges. A wrongful death lawsuit filed by the victim’s family is one possible outcome. Additionally, the taking of another person’s life can weigh heavily on your heart and mind forever.

Far too many teens and young adults feel invincible when it comes to alcohol. It is often too late when they discover that being cool simply isn’t worth it. For some, an unprofessional police officer may falsely accuse them of being impaired. Either situation is challenging and complicated, and that is why you need an attorney.

As of May 2024, a new DUI law has come into effect. The “All Offender Law,” mandates that all DUI offenders, regardless of their Blood Alcohol Content, participate in the Ignition Interlock Device (I.I.D) Program. This program requires the installation of a Breath Alcohol Ignition Interlock Device in any vehicle driven by the offender to ensure they cannot drive after consuming alcohol. The ignition interlock system requires drivers to blow into a device to start their vehicle, with a camera ensuring the correct person is using it. The devices will cost offenders approximately $130 per month.

An arrest for underage DUI is a scary experience for a young driver. A South Carolina underage DUI attorney helps those facing serious charges for the very first time.

Penalties for Underage DUI in South Carolina

If convicted, an underage driver faces serious consequences.

Obtaining a South Carolina driver’s license is a milestone event in a young person’s life. However, peer and social pressures can lead to unwise decisions, resulting in serious consequences, including losing the license.

Penalties for underage DUI in South Carolina include:

  • Suspension of their driver’s license for three months
  • License suspension for six months if they refuse BAC testing
  • A longer license suspension is possible if the driver has prior convictions for DUI
  • Possible mandatory attendance of the Alcohol and Drug Action Safety Program (ADASP).

Your attorney needs time to review your arrest and evidence to build your defense. If you were arrested for underage DUI, it is best to contact a DUI attorney immediately. Do not wait until right before your hearing date to seek help. A free consultation with a South Carolina DUI law office can get you on the path toward a defense strategy for your case.

Adults Providing Alcohol to Minors in South Carolina

Alcohol use by anyone under the age of 21 is unsafe and illegal.

Providing alcohol to anyone under the age of 21 — even with parental permission — can result in criminal charges. Adults do not have to actually supply the alcohol to face charges — knowingly hosting underage drinking on their property can result in arrest.

The penalties for such actions include the following:

  • A maximum sentence of 30 days in jail
  • Fines and fees.

Prosecutors may “stack” these penalties, applying a penalty for each underage drinker served or hosted. The more underage drinkers, the longer the possible jail time and the higher the fines and fees.

An arrest for providing alcohol to minors can negatively affect your career, relationships, and reputation. It is a serious charge that demands a strong defense.

How to Fight an Underage DUI in South Carolina

We fight to protect an underage offender’s future.

At Whalen Montalvo Attorneys at Law, we carefully examine all evidence of your arrest, including video, the official police record, and other crucial information.

It is law enforcement’s job to abide by legal procedures during a DUI stop. Video recording of the stop is one example of a legal requirement. No recording of your stop can serve as a possible form of defense.

Our experience gives us the skills necessary to spot a violation of a subject’s rights during an arrest. We also have experience with license suspension hearings and advocating for reduced or dismissed charges.

Each underage DUI case is unique and specific to the circumstances involved. The outcome of a similar case for a friend can differ significantly from the outcome of your case.

It is unwise to fight your underage DUI alone. Instead, choose a South Carolina underage DUI attorney equipped with the knowledge and tools necessary to fight such a serious charge.

Why Choose Us for Your Underage DUI

Whalen Montalvo Attorneys at Law fight to protect your future.

James Whalen and Eric Montalvo are South Carolina underage DUI attorneys who compassionately and professionally represent drivers under age 21. They combine your need for calm explanations and your need for a strong defense in order to best serve you.

Clients entrust Whalen Montalvo Attorneys at Law for their representation at a time when life turns upside down. James and Eric bring the following qualifications to underage DUI cases:

Attorney James Whalen

  • Graduate, University of South Carolina School of Law
  • National Highway Traffic Administration grant work
  • Trial attorney and defense negotiator.

Attorney Eric Montalvo

  • United States Marine Corps veteran
  • Military leadership, judge advocate, and prosecutorial experience
  • Graduate, University of South Carolina School of Law
  • Career started in the Marine Corps Law Program.

James and Eric provide clients of all ages with peace of mind as they represent them in legal matters. Each attorney understands that mistakes are a part of life — both by drivers and law enforcement.

If you were arrested for underage DUI or for aiding, providing, or serving a minor alcohol, let James or Eric help you. You have a right to defend yourself against unfair charges or charges that can severely impact your chances for college or your dream job.

Underage DUI: FAQs

Frequently asked questions answered by an underage DUI attorney.

How big of a problem is underage drinking in South Carolina?

Approximately 85 South Carolinians under the age of 21 die each year from alcohol use. Deadly DUI accidents contribute to these deaths and to the deaths of other road users.

If I loaned my ID to a friend charged with underage DUI, am I in trouble?

Lending someone your driver’s license or other personal identification for an alcohol purchase may result in fines and possible jail time.

Are sobriety checkpoints legal in South Carolina?

Yes. Sobriety checkpoints are legal in South Carolina. However, police must publicize the date and location of checkpoints. Random checkpoints are not legal. If stopped at a checkpoint on suspicion of DUI, remain calm, cooperate with the police, and if charged, contact an attorney.

Can an underage driver be convicted if there are no signs of impairment?

Yes. If the underage driver’s BAC test shows an alcohol level of .02 percent or higher, no obvious signs of impairment are needed for a conviction.

What must a prosecutor prove to win an underage DUI case?

A prosecutor must prove that the accused was the driver and that the driver’s BAC content was above the underage legal limit.

Can my South Carolina driver’s license be reinstated?

A reinstatement hearing is possible under certain conditions. The details of your charges play a significant role in whether your license is reinstated.

An arrest for underage DUI is a significant event in one’s life. It is understandable to have multiple questions regarding your next steps. Get the answers you seek by contacting a South Carolina underage DUI attorney today.

Underage drinking and driving is a serious charge that changes the projection of your life. Get help with your defense by contacting Whalen Montalvo Attorneys at Law today.

Our Results Contact Us

South Carolina Underage DUI Attorneys

Whalen Montalvo Attorneys at Law help clients during stressful times.

An underage DUI is stressful. The uncertain outcome of your case can result in sleepless nights and anxiety-filled days. Underage DUI convictions have a resounding effect on a young person’s life. However, underage drivers have a right to a defense. Fighting your charge can possibly prevent a conviction and help you readjust your life’s path.

Let Whalen Montalvo Attorneys at Law help you fight for the most favorable outcome possible. Whalen Montalvo Attorneys at Law offers potential clients a free consultation. It is an opportunity for them to learn more about your case and for you to know your options.

Schedule your free consultation today by calling (864) 770-7710.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
Read Full Bio

Contact Us

Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.

Contact Our Attorneys

Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.