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Before You Drink & Drive...
Know the Laws
Alcohol- related crashes are the number one cause of death among young people age 16 to 24. Young people are involved in almost 1/2 of all fatal crashes. The consumption of alcoholic drinks by anyone under age 21 is illegal.
Listed here are the laws found in the South Carolina Code of Laws that regulate the possession and use of alcohol. Note that recent changes in the laws give courts the power to suspend driving privileges as punishment for breaking several of these statutes.
Transfer, Purchase or Gift of Beer, Wine or Alcoholic Liquor to a Minor Prohibited
It is against the law to transfer, purchase or give beer, wine and/or alcoholic liquor to anyone who is under 21 years of age for the purpose of consumption. This includes serving anyone in your home except your child or spouse.
Penalty: Fine up to $200 or imprisonment up to 30 days and mandatory driver's license suspension of 90 days to six months.
(Code Sections 20-7-370, 20-7-380, 61-9-50, 56-1-745)Misrepresenting Age/Fraudulent Application or Alteration of Driver's License
It is against the law to lie or furnish fake information concerning age in order to obtain any form of alcoholic beverage. It is unlawful to possess, lend or display a fraudulently altered driver's license or personal identification card.
Penalty: $200- 30 days and mandatory driver's license suspension of 90 days to six months.
(Code Sections 20-7-370, 20-7-380, 61-9-50, 56-1-745)Sale to Person Under Age
It is against the law to sell beer, wine or liquor to anyone under 21 years of age.
Penalty: $200 or imprisonment up to 60 days.
(Code Section 61-9-40)Employment of a person Under 21 in the Liquor Business.
It is unlawful for any person under the age of 21 to work as an employee or otherwise in a retail, wholesale or manufacturing liquor business. No person can serve or deliver to a purchaser any alcoholic liquors unless the server is 18; all bartenders must be at least 21 years of age.
(Code sections 61-5-20, 61-13-340, 20-7-370)Open Container
It is against the law for anyone to have any beer or wine in an open container in a moving vehicle of any kind.
Penalty: $100-30 Days.
(Code Section 61-9-87)Contributing to the Delinquency of a Minor
It is against the law for any person over 18 years of age to knowingly and willfully influence a minor to violate any law or municipal ordinance.
Penalty: Fine up to $3,000 and/or imprisonment up to three years.
(Code Section 16-17-490)Disorderly Conduct
Any person found on any public highway or in any public place who is in a grossly intoxicated condition or otherwise disorderly and boisterous may be charged with disorderly conduct.
Penalty: Fine up to $100 or imprisonment up to 30 days.
(code 16-117-530)Driving Under the Influence (DUI)
It is unlawful for narcotic users or persons under the influence of liquor, other drugs or like substances to drive. If there was at a time 10 one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol. At a level below .10 BAC a person may be guilty of DUI when the fact is considered with other competent evidence.
Penalty: Fine up to $200 or imprisonment for not less then 48 hours, for the first offense. For subsequent offenses, fines up to $6000 and/or imprisonment up to five years and confiscation of driver's motor vehicle.
(code Sections 56-5-2930, 56-5-2940, 56-5-2950, 56-5-6240)Felony Driving Under the Influence (Felony DUI)
Anyone causing great bodily harm or death to someone while under the influence of alcohol, other drugs - or the combination of alcohol and other drugs - when driving a vehicle is guilty of a felony.
Penalty: For causing great bodily harm, mandatory fine of not less then $56,000 nor more then imprisonment up to 10 years. For death, mandatory fine of not less then $10,000 nor more than $25,000 and imprisonment up to 25 years.
(Code Section 56-5-2945)DUI/Consent for Testing
Anyone who drives on South Carolina's highways is considered to have given consent to chemical test of one's breath, blood or urine if arrested for any offense alleged to have been committed while you were operating a motor vehicle under the influence of alcohol, other drugs or a combination of them.
Penalty: If you refuse to submit to the test, then your driver's privilege will be suspended for 90 days.
(Code 56-5-2950)
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