Driving under the influence (DUI) is a serious offense in South Carolina, and a conviction carries stiff penalties. Like many other states, South Carolina provides for increased penalties when the evidence presented in the case shows that the DUI incident occurred with a child under 16 in the vehicle. Felony charges may apply if the child is harmed in an incident that leads to a DUI conviction. Anyone accused of DUI with a child in the car in South Carolina must take the charges seriously. Begin building your legal defense today by scheduling a consultation with a criminal defense attorney from King Law Offices. Call 888-748-5464 to be connected with a South Carolina DUI lawyer near you.
Minor Child in Vehicle: DUI Laws in South Carolina
SC § 56-5-2947 adds a charge of child endangerment to any conviction for a violation of SC § 56-5-750, 2930, 2933, or 2945 when the violation is found to have been committed while there was a minor child less than 16 years of age in the vehicle. For individuals who have been charged with DUI in South Carolina, and in whose cases the prosecution has entered evidence suggesting the presence of a child in the vehicle at the time of the alleged DUI, one of the most critical elements to bear in mind is that the child endangerment charge can only be applied once prosecutors have secured a conviction for the original DUI or related charge. This legal structure makes it imperative to proceed judiciously in defending South Carolina DUI cases allegedly involving a minor passenger.
Because there are multiple distinct driving convictions to which a separate child endangerment charge under 56-5-2947 may be applied, it may be useful to review what is covered under each of these laws. The parameters of the violation set out in each article will form the rubric that determines whether the evidence available in the case aligns with a conviction in any given situation. Because the charge of child endangerment under 56-5-2947 is contingent, again, upon an existing conviction for one of the crimes listed, establishing a clear understanding of what constitutes a violation in each case is critical to assessing your options for defense. A South Carolina defense attorney with King Law Offices may be able to further assist you by providing an honest evaluation of the prosecution’s case, based on the evidence available.
DUI With a Child in the Car: S.C. § 56-5-2930 – Operating a Motor Vehicle While Under the Influence
“Passing” a breathalyzer or field sobriety test (FST) will not necessarily protect you from having to face the legal consequences of DUI with a child in the car in South Carolina. One of the major reasons for this is the word of S.C. § 56-5-2930, which makes it “unlawful” for anyone to operate a motor vehicle while their competence to do so is “materially and appreciably impaired” by:
- Alcohol
- Any drug or combination of drugs or substances
- The combined influence of alcohol with any drug or any combination of drugs or substances
Breathalyzers are designed primarily to provide BAC estimates, while FSTs may more readily check for observable impairments but are also highly susceptible to errors in test administration, subjective perceptions of the administering officer, and a host of situational factors, from bad weather to excessive stress. The potential flaws and limitations of these tests can sometimes provide a DUI defense lawyer with opportunities for challenging the validity of the prosecution’s evidence in court. However, it is also the case that an arresting officer’s assessment of impairment based on their perception of a driver’s performance during a flawed or poorly administered field test may be used as the legal basis for South Carolina DUI charges where none are appropriate.
If you are arrested for a suspected violation of S.C. § 56-5-2930 while you have a child under 16 years of age in the car, even if you know that you had not been drinking alcohol or partaking of another other substance known to impair driving ability, then the potential stakes of a conviction – even a wrongful conviction based on faulty evidence – automatically become higher, as such a conviction carries with it the possible legal consequences of DUI with a child in the car.
DUI With a Child in the Car: S.C. § 56-5-2933 – Driving With an Unlawful Alcohol Concentration
S.C. § 56-5-2933 establishes the legal BAC limit for South Carolina drivers, and specifies the penalties that apply whenever an individual is convicted of driving with a BAC above this maximum. As is common with DUI laws in many states, the penalties for convictions under 56-5-2933 become progressively more severe as they increase in number: That is, a second conviction for DUI under 56-5-2933 carries a heavier fine and a longer period of incarceration than a first-time DUI in South Carolina. The penalties are steeper for a third DUI than for the second conviction, and so on.
Importantly, however, the application of an additional charge of child endangerment is not affected by whether a DUI conviction is for the first offense or for a subsequent violation. If you are arrested for a suspected violation of 56-5-2933 while you have a passenger under 16 in the vehicle, then a conviction for the initial violation means you can be tried for DUI with a child in the car – even if the 56-5-2933 conviction is for your first DUI offense, and even if your BAC was barely over the legal limit. For this reason, among others, it is imperative to take an aggressive approach to your legal defense if you are arrested for DUI with a child in the car anywhere in South Carolina.
DUI With a Child in the Car: Convictions Under S.C. § 56-5-2945 – Felony DUI
South Carolina’s felony DUI law covers circumstances broadly similar to those that in some states result in what is called an “aggravated” DUI charge. South Carolina does not use the “aggravated” terminology, but the circumstances outlined in S.C. § 56-5-2945 include similar conditions in which another person is harmed, or property badly damaged, by a driver who is operating any type of motor vehicle while under the influence of alcohol or another chemically impairing substance. Also similar to aggravated DUI laws in some other states, South Carolina’s felony DUI law provides for enhanced penalties based on the severity of harm done by the person convicted. Notably, the penalties outlined under S.C. § 56-5-2947 are applied in addition to any fines or imprisonment to which a defendant is sentenced for a conviction under 56-5-2945.
S.C. § 56-5-750 – Failure To Stop for Law Enforcement
S.C. 56-5-750 is the only law related to vehicle operation in South Carolina that can trigger an additional charge of child endangerment under 56-5-2947. This charge does not necessarily involve impaired driving or the use of any controlled substances. For each of the other items on the short list, to secure a conviction, the prosecution must show that the individual charged was driving with a blood alcohol content (BAC) above the legal limit, or while his or her driving ability was impaired by alcohol or another chemical. To secure a conviction for a violation of SC § 56-5-750, however, a South Carolina prosecutor only needs to show that the individual charged with the violation failed to stop his or her vehicle when signaled to do so by a law enforcement officer.
Limitations on the Scope of S.C. § 56-5-750
There are some limits on the breadth of this provision; for instance, the signal from law enforcement must be made via a siren or a flashing light, and will need to come from a peace officer’s official vehicle, rather than by a wave of the hand, or from an officer traveling on foot. Given the relative dominance of patrol activity by vehicle, however, these limitations may not seriously curtail the number of charges filed for this particular violation in the South Carolina courts over the course of a year. Crucially, as well, failure to see or hear the law enforcement officer’s signal does not constitute a defense against a charge under 56-5-750, so long as the road conditions and distance between vehicles make it “reasonable” for the driver to see the flashing lights or hear the sirens.
Conviction for Failure To Stop When Carrying a Minor Passenger
A conviction carries numerous life-altering penalties, even if the police report does not indicate that there were minor passengers in the vehicle at the time of the incident. The definition of “reasonableness” for recognizing a signal to stop from law enforcement can carry considerable significance for an individual facing this particular charge, with or without the additional risk of a child endangerment charge.
When a child under 16 is in the car, however, a conviction for violating S.C. § 56-5-750 can carry up to half again the maximum penalty for the original conviction. Even though a conviction for child endangerment under S.C. § 56-5-2947 is not legally permitted to be used as the sole evidence for removing a child into emergency protective custody under S.C. § 64-7-620, child endangerment charges can often lead to additional legal complications for individuals involved in difficult family law cases involving child custody disputes. Taking a proactive stance with respect to defense against the underlying charges may be especially important for parents in this type of situation.
Speak With a South Carolina DUI Lawyer
A conviction for violating any of South Carolina’s DUI laws while traveling with a passenger under 16 years of age triggers an additional charge of child endangerment. The penalties added in case of a conviction for the child endangerment charge may equal up to one-half of the maximum penalty for the original DUI conviction, which, in many cases, can be life-altering. To learn more about the legal consequences of DUI with a child in the car in South Carolina, and to discuss your options for preparing a defense, reach out to the King Law Offices team. Call 888-748-5464 today to be connected with a DUI lawyer near you.
