Myrtle Beach Underage DUI Attorney

Protect Your Child's Future With Our Support

In Myrtle Beach, being charged with an underage DUI is a serious matter with potentially severe consequences. South Carolina law forbids individuals under the age of 21 from operating a vehicle with a blood alcohol concentration (BAC) of 0.02% or higher. This "zero tolerance" policy means that even one drink could lead to significant legal issues.

The zero-tolerance policy aims to deter underage drinking and driving by imposing stricter standards on those under 21. Understanding this can influence both legal strategies and personal decisions, emphasizing the importance of responsible behavior and seeking legal guidance when necessary. Engaging with a knowledgeable underage DUI attorney in Myrtle Beach who understands these nuances can significantly impact the defense approach.

You deserve a second chance. An experienced Myrtle Beach underage DUI attorney will help you understand your options and defend your rights. Call :(843) 212-1116 or reach out online for a case review.

Key Distinctions in Underage DUI vs. Standard DUI

• BAC Threshold: For those under 21, a BAC of 0.02% can trigger charges, versus 0.08% for adults.
• Criminal vs. Administrative Penalties: Some underage DUI offenses are handled through the DMV with license suspensions, while others rise to the level of criminal prosecution.
• Collateral Consequences: Underage offenders may face disciplinary actions from schools, colleges, and sports programs in addition to legal consequences.

A knowledgeable Myrtle Beach underage DUI attorney can help distinguish between the types of charges you or your child is facing and craft a strategic defense.

Penalties for Underage DUI in South Carolina

Underage DUI penalties are strict by design to deter minors from drinking and driving. The consequences vary depending on the circumstances of the arrest, prior offenses, and the driver’s BAC level. Common penalties include:

License Suspension:

• First offense: 3-month license suspension for BAC of 0.02% or higher.
• Refusal to submit to BAC testing: 6-month license suspension.

Fines and Fees:

• Court fines and administrative fees can reach several hundred dollars or more.

Alcohol and Drug Safety Action Program (ADSAP):

• Mandatory enrollment in education or treatment programs.

Community Service or Probation:

• Depending on the case, the court may impose supervised probation or community service requirements.

Jail Time:

• While less common for first offenses, aggravating circumstances (like accidents or injuries) can lead to incarceration.

The long-term effects of a conviction go far beyond fines or license suspensions. Insurance premiums may skyrocket. College applications may be impacted. Employment background checks can flag a criminal record. That’s why working with a seasoned Myrtle Beach underage DUI lawyer can make a substantial difference in the final outcome.

The DMV Hearing Process

In addition to criminal proceedings, underage DUI cases often trigger a separate administrative process with the South Carolina Department of Motor Vehicles (DMV). This administrative process primarily deals with license suspensions and must be requested within 30 days of the arrest.

A qualified Myrtle Beach underage DUI attorney can represent clients during this hearing to challenge the suspension. DMV hearings are distinct from court trials, and the standards of proof are different. Winning a DMV hearing may restore driving privileges and influence the outcome of related court proceedings.

Effective Defense Strategies for Underage DUI

Securing a favorable outcome in an underage DUI case in Myrtle Beach hinges on implementing a robust defense strategy. At T. Kirk Truslow, P.A., we delve into the nuances of each case, challenging the validity of breathalyzer results, scrutinizing arrest procedures, and questioning the legality of the traffic stop itself.

Key defense strategies may include:

• Challenging Evidence: Examining the accuracy of BAC tests and handling of evidential procedures.
• Investigating Arrests: Ensuring all legal protocols were observed during the arrest process.
• Negotiating Outcomes: Working with prosecutors for reduced charges or alternative penalties.

Each legal strategy is customized to the individual's circumstances, focusing on mitigating penalties and protecting future opportunities for young offenders. Evaluating factors such as first-time offenses or existing clean driving records can play a significant role in molding these strategies effectively.

Potential Consequences & Your Future

An underage DUI conviction in Myrtle Beach can profoundly impact a young individual's future. Consequences extend beyond immediate legal punishments, potentially affecting educational pursuits, military service eligibility, and career prospects.

It's crucial to understand the full scope of these repercussions and work with a dedicated legal team to mitigate the negative impacts. At T. Kirk Truslow, P.A., we make it our mission to safeguard our clients' futures by striving to minimize the long-term effects of an underage DUI offense.

Early intervention is pivotal in addressing underage DUIs. Educational seminars and rehabilitation programs can provide valuable resources to correct behavior and demonstrate proactive accountability in court. These programs can sometimes influence a judge's decision towards leniency, further underscoring the importance of a comprehensive legal and educational strategy.

FAQs About Underage DUI in Myrtle Beach

What Are the Penalties for an Underage DUI in Myrtle Beach?

Penalties for underage DUI offenses in Myrtle Beach can vary but typically include substantial fines, community service requirements, mandatory participation in alcohol education courses, and suspension of driving licenses. The severity of these penalties often depends on the specifics of the case, prior convictions, and the BAC at the time of arrest. Additionally, a conviction can lead to an increase in insurance premiums and pose barriers to future educational and employment opportunities.

How Can an Underage DUI Affect My Driving Record?

An underage DUI conviction can remain on a driving record for several years, potentially leading to increased insurance rates and difficulties in obtaining employment that requires a clean driving record. In South Carolina, driving records are accessible by law enforcement, insurance companies, and potential employers, which is why minimizing the impact with skilled legal representation from an underage DUI lawyer in Myrtle Beach is critical.

Can a Lawyer Help Reduce Underage DUI Charges?

Yes, a skilled lawyer can significantly impact the reduction of underage DUI charges. An experienced attorney like T. Kirk Truslow will evaluate all aspects of your case to identify potential weaknesses in the prosecution's evidence or errors in procedure. Through negotiation or court representation, it is possible to achieve charge reductions or even dismissals. This legal representation is crucial in influencing the outcome positively.

What Are My Options if I Refuse a Breathalyzer Test Underage?

Refusing a breathalyzer test in South Carolina can result in immediate consequences, including automatic suspension of your driving license for a specified period. However, a legal defense can argue that refusal is based on procedural flaws or unlawful stops, affecting penalties. Consulting with a DUI attorney is vital to exploring these options and minimizing repercussions.

How Does The Zero-Tolerance Policy Impact My Defense?

The zero-tolerance policy in South Carolina significantly lowers the allowable BAC for drivers under 21, making defense more challenging but not impossible. A robust defense strategy might include questioning the accuracy of the BAC test or the legitimacy of the traffic stop. Despite the stringent nature of zero-tolerance laws, a capable attorney can still find weaknesses in the case that might lead to reduced or dismissed charges.

Why Choose T. Kirk Truslow, P.A. for Your Defense?

T. Kirk Truslow, P.A. offers a unique advantage with their unwavering dedication to protecting clients' rights. Attorney T. Kirk Truslow brings over 30 years of experience in handling complex criminal defenses, including underage DUI cases. Unlike others who may encourage quick resolutions through plea deals, Mr. Truslow rigorously examines every legal option to defend his clients.

Our firm is distinguished by successfully managing high-profile and challenging cases. We provide personalized attention and develop strong defense strategies tailored to each client's specific case. This individualized approach, coupled with our 24/7 availability, ensures clients receive the dedicated representation they need during stressful times.

What sets T. Kirk Truslow, P.A. apart is the deep understanding of local Myrtle Beach legal processes. We leverage this knowledge to ensure that each client receives a defense that considers all aspects of South Carolina's legal landscape, aiding in more favorable outcomes by knowing what strategies resonate best with local judicial preferences. For those seeking an underage DUI lawyer in Myrtle Beach, our firm provides a solid foundation of defense.

Contact Us for a Free Consultation

Facing an underage DUI charge in Myrtle Beach can be intimidating, but you don't have to navigate it alone. At T. Kirk Truslow, P.A., we're committed to defending your rights and helping you move forward with confidence. Our team is available 24/7 to discuss your case and explore the best legal options for your situation.

Don’t let an underage DUI charge dictate your future. Schedule your free consultation today by calling (843) 212-1116.