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Johnathan MWhat Is Child Endangerment (Vehicle) in South Carolina?
South Carolina Code Section 56-5-2947 defines child endangerment in a vehicle as a separate offense that occurs when a person aged 18 or older:
Violates DUI laws (SC Code 56-5-2930 for DUI, 56-5-2933 for DUAC, or 56-5-2945 for felony DUI).
Has a passenger under 16 in the vehicle during the offense.
The charge applies if a child is present, regardless of harm. Both impaired driving and having a passenger under 16 are enough to trigger it.
You cannot be convicted of child endangerment unless first convicted of the underlying DUI-related offense. If the DUI charge is dismissed, reduced to reckless driving, or resolved without a conviction, the child endangerment charge vanishes as well. There’s no standalone conviction for child endangerment under this statute without the initial DUI conviction.
If multiple children under 16 are in the car, you face only one count of child endangerment. State lawmakers did not allow separate charges per child present. However, it’s crucial to understand that even a single charge can have significant ramifications, including potential impacts on custody arrangements and your standing in family court.
Penalties for Child Endangerment in Greenville, SC
The penalties under SC Code 56-5-2947 are additional to any DUI penalties, not replacements.
Fines: An extra fine up to half the maximum for the DUI. For instance, a first-offense DUI with a $400 maximum fine could add $200 more for child endangerment.
Imprisonment: Up to half the maximum imprisonment term for the DUI offense. A first-offense DUI with up to 30 days in jail may add 15 extra days for child endangerment.
Combined fines and imprisonment are possible if both are imposed under the DUI charge.
The penalties are severe, with no suspension or probation possible for child endangerment. As stated in SC Code 56-5-2947(C), any imposed penalty must be served.
License suspension: An additional suspension from the DMV follows a conviction, atop the suspension from the DUI conviction.
Ignition Interlock Device (IID): Post-conviction, you must enroll in the IID Program, get a restricted license, and ensure the IID is installed for at least three months before ending the suspension.
For instance, a First Offense DUI with a 10-year-old in the vehicle could involve up to $400 in fines, 30 days in jail, and a six-month license suspension for the DUI. The child endangerment conviction adds up to $200 more in fines, 15 extra days in jail, no suspension, and a separate license suspension. None of the child endangerment penalties can be negotiated away. Additionally, participation in required alcohol or drug education programs may become a condition for reinstating your license.
How Child Endangerment Cases Are Prosecuted in Greenville County
In Greenville County, DUI child endangerment cases typically start with a traffic stop or accident. If officers find a minor in the vehicle, they’ll note it in the incident report. Prosecutors may add the 56-5-2947 charge at or before the arrest warrant stage.
These cases often go to the Greenville County General Sessions Court, especially when the DUI involves a high BAC or a prior record. Some magistrate-level DUI cases with child endangerment stay in magistrate court initially, but they often move to plea negotiations or jury trials in General Sessions due to the potential penalties.
Prosecutors understand juries react emotionally when children are involved, even if unharmed. This creates a sympathetic victim narrative used to the prosecution’s advantage.
The Department of Social Services (DSS) might become involved. A DUI child endangerment charge can prompt DSS to assess household safety. In custody or family court cases, this charge can complicate or negatively impact arrangements, aside from the criminal case.
Working with a Traffic Lawyer who knows both criminal and family law consequences is vital. The interplay between criminal charges and family law proceedings can be complex, so having a lawyer skilled in navigating both arenas is essential for protecting your interests.
Defense Strategies for Child Endangerment in Greenville
The child endangerment charge relies entirely on a DUI conviction. Thus, the most effective defense strategy is challenging the DUI.
Challenge the DUI itself. Every part of the DUI charge can be contested: Was there reasonable suspicion for the stop? Were field sobriety tests correctly administered? Was the breathalyzer properly calibrated and operated by a qualified technician? Was the mandatory video recording made and retained? If the DUI is dismissed, the child endangerment charge also falls.
Dispute the passenger’s age. The statute applies only to passengers under 16. If there’s doubt about the minor’s age, it should be examined. Records, identification, and witness testimony matter in such cases.
Challenge the underlying conviction. A conviction for reckless driving (rather than DUI) doesn’t trigger 56-5-2947. Negotiating the DUI down to reckless driving eliminates the child endangerment risk. This requires skillful negotiation and depends heavily on your case’s details.
Contest the stop and search. Fourth Amendment violations don’t disappear because a child was in the vehicle. If evidence is collected through an unlawful stop or improper search, suppression can be sought, irrespective of who the passenger was.
In drug-related impairment cases, consulting with a Drug Lawyer could strengthen the defense. In some scenarios, alternative explanations for impairment, such as medical conditions or prescription medications, could be explored to contest the DUI charge effectively.
Why You Need a Child Endangerment Lawyer in Greenville
The stakes are multilayered. You face fines, jail, and mandatory sentencing. There’s license suspension and IID requirements. DSS investigations and potential family court implications are also possibilities.
A conviction under SC Code 56-5-2947 means it stays on your record with the DUI, visible to employers, licensing boards, and background check services. Combined, these can limit professional and housing opportunities long after the case concludes.
South Carolina enforces these penalties without the possibility of suspension or probation for child endangerment. A judge can’t ease this part of the sentence.
For a Second Offense DUI or Third Offense DUI, the underlying DUI penalties already increase significantly, escalating further with child endangerment add-ons. A third-offense DUI can involve up to three years in prison, with an added potential of 18 months for child endangerment.
Facing a Felony DUI (4th Offense) with a child in the car may mean confronting multiple felony-level sentences at once.
If a DUI involves a fatality or serious injury, both the DUI Causing Death statutes and child endangerment provisions may apply, complicating an already severe legal situation.
John Crangle is a Greenville Criminal Defense Lawyer who handles DUI and child endangerment cases in the 13th Judicial Circuit. Knowing how Greenville County prosecutors approach these cases, he crafts effective defense strategies.
Contact John Crangle today. A charge this serious requires a defense strategy built around your specific situation.