The first months after a teen has their driver’s license can be extremely tense for parents. Just having an inexperienced young driver out on the road is stressful enough. If that young driver is charged with driving under the influence, parents generally want to help minimize the consequences for them.
South Dakota, like other states, has a “zero tolerance” law for drivers under 21. Specifically, it’s a misdemeanor to operate or even “be in actual physical control” of a vehicle with a .02% blood alcohol concentration (BAC) or higher.
Those convicted of this offense can face a 30-day suspension of their driver’s license, a $500 fine and up to 30 days of incarceration. If they cause damage or injuries in a crash, they can face additional penalties. If they face civil liability for damages and injuries, the cost can fall to the parents – particularly if the teen was driving their vehicle.
The Juvenile Division of the SDDOC
Drivers who are not yet 18 who are guilty of DUI or other criminal charges are typically placed in the Juvenile Division of the South Dakota Department of Corrections (SDDOC). This means they likely won’t have to deal with the adult justice system or be placed in a jail or prison.
Depending on their offense, their criminal history (if any) and other factors, like possible substance abuse or addiction issues, they can be placed in a private program, facility or treatment center. These alternatives are intended to help teens develop better habits and to get professional supervision during and after their stays.
Nevertheless, they are considered “juvenile offenders.” Even after they’re “commitment” is over, they have “aftercare” requirements that include “a range of interventions and treatment services tailored to the specific needs of each juvenile.”
The juvenile corrections system may help troubled teens who need some guidance and positive alternatives for their lives. It may indeed incentivize a teen to take the law more seriously. However, most parents would rather their child not have to deal with any aspect of the corrections system, where they might encounter other teens who are a bad influence on them.
It might be tempting, at least at first, to let your teen face the consequences of their actions. However, it’s still crucial that their rights are protected. Getting legal guidance for your teen if they’re charged with underage impaired driving or another offense is a smart move that can determine the direction of their future.