College parties, football games and annual homecoming festivities have one thing in common: plenty of alcohol to go around. Since most students enter college at 18 or 19, driving back to the dorm from these fun college events can end on a sour note if you get pulled over for drunk driving.
But what if you weren’t drunk? Unfortunately, you likely still face charges even if you were mildly tipsy.
Zero-tolerance for underaged drivers
South Dakota has strict laws for underage drunk drivers. The state has a lower legal limit for blood alcohol content (BAC) for minors. As long as your BAC level is 0.02% or higher, the police may charge you with driving under the influence (DUI). In comparison, the BAC for adults 21 and older is set at 0.08%.
What a 0.02 BAC feels like
A 0.02% blood alcohol level can make you feel more relaxed or experience an altered mood. Some people may not feel drunk or show obvious signs of drunkenness. You may feel sober enough to drive even though your BAC may be beyond the allowed limit for your age.
Alcohol-related charges beyond DUI
Take note that South Dakota’s zero-tolerance laws for underage drinking extend beyond drunk driving. You can receive a minor in possession (MIP) charge for having or consuming alcohol if you are below 21. This includes:
- Holding an opened alcoholic drink for a friend
- Holding an unopened drink
- Having a 0.02% BAC, even if you aren’t driving
A BAC level above zero automatically counts as proof of alcohol possession and consumption for an MIP charge.
Compliance is crucial
If a police officer pulls you over when you’re on your way home from a college party or game, it is best to comply. Refrain from arguing with the authorities. Even if you feel sober enough to drive, your BAC might still get you in trouble. Speaking with an attorney may help strengthen your defense and negotiate reduced penalties or conviction alternatives.