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Under 21 And Driving

S.C. Code 56-1-286 — two one-hundredths of one percent, and a test on reasonable suspicion

Two one-hundredths of one percent. The Department of Motor Vehicles suspends the license, permit or nonresident privilege of, or denies one to, a person under twenty-one who drives a motor vehicle with an alcohol concentration of two one-hundredths of one percent or more.

  • S.C. Code 56-1-286
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A person under twenty-one who drives in the state is considered to have consented to tests of breath or blood for alcohol. An officer who has arrested such a driver for a traffic offense, and has reasonable suspicion the driver drank and drove, may order a test, and an officer may detain and order a test where there is reasonable suspicion a vehicle is being driven by someone under twenty-one who has consumed alcohol.

  • S.C. Code 56-1-286

An officer who starts suspension proceedings under this section has chosen it, and may not then prosecute the same person for the underage alcohol offenses or driving under the influence arising from the same incident. A breath test is offered first; a blood test is taken where the person cannot give a breath sample.

  • S.C. Code 56-1-286

If the person is later convicted of driving under the influence, they pay $25 toward the cost of the tests. The suspension periods, the hearing and the route restricted license are set out in full in the section. A particular suspension is a question for a licensed South Carolina attorney.

  • S.C. Code 56-1-286
Sources for this section (1)
  1. S.C. Code 56-1-286 — Suspension of license of persons under twenty-one who drive with certain alcohol concentration

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.

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