SC Bill H4005: Stricter DUI Penalties & Victim Support

Overview

South Carolina House Bill 4005 proposes significant changes to the state's DUI laws. The bill aims to increase penalties for DUI and related offenses, enhance victim support through mandatory impact panels, and broaden the use of ignition interlock devices. It also introduces new offenses like Felony DUI Second Degree and addresses child endangerment in vehicular incidents.

Key Provisions

• Fines and Incarceration: Permits judges to impose both fines and incarceration for DUI and driving with unlawful alcohol concentration convictions.

• Victim Impact Panels: Requires convicted individuals to attend DUI victim impact panels.

• Ignition Interlock Devices: Removes a provision that prevented the requirement of ignition interlock devices before contested case hearings.

• Felony DUI Second Degree: Creates the offense of Felony Driving Under the Influence Second Degree, establishing penalties and defining "moderate bodily injury".

• Child Endangerment: Includes reckless vehicular homicide and reckless driving as violations subject to a child endangerment charge.

• Implied Consent Revisions: Revises procedures for alcohol and drug testing, allows laboratory technicians, phlebotomists, and EMTs to obtain blood or urine samples, and modifies suspension periods for test refusal or high alcohol concentrations.

• License Suspension and Interlock: Allows individuals facing license suspensions to install ignition interlock devices within thirty days and obtain temporary drivers' licenses with interlock restrictions. Increases suspension periods for refusing chemical tests or registering high alcohol concentrations.

• Video Recording Compliance: States that substantial compliance with video recording requirements at incident sites and breath test sites is sufficient and does not compel dismissal of DUI charges.

• Felony Reckless Driving: Creates offenses of Felony Reckless Driving with Great Bodily Injury and Reckless Driving Resulting in Moderate Bodily Injury, establishing penalties.

• Child Support Restitution: Allows courts to order those convicted of Felony DUI causing death or disability of parents/guardians to pay child support as restitution.

• Under 21 DUI: Allows those under 21 with DUI suspensions to obtain temporary licenses with interlock restrictions.

Impact on Drivers

This bill directly affects anyone driving in South Carolina, particularly those who consume alcohol or drugs before driving. Penalties for DUI could become more severe, with the potential for both fines and jail time. Refusing a breathalyzer or blood test will result in longer license suspensions. Repeat offenders face significantly harsher consequences. The expansion of ignition interlock device usage means more drivers may be required to install and use these devices to regain driving privileges. The new charges of Felony DUI Second Degree and Felony Reckless Driving add further legal risk.

Current Law vs Proposed Changes

• Current: Current law may not always allow for both fines and incarceration for DUI offenses. Ignition interlock device requirements may not be as strict or broadly applied.

• Proposed: This bill seeks to mandate both fines and incarceration, expand ignition interlock device usage, and create new, more serious offenses related to DUI and reckless driving.

What This Means For You

If you drive in South Carolina, especially if you consume alcohol or drugs, be aware of these proposed changes. Designate a sober driver, use ride-sharing services, or public transportation to avoid any risk of DUI. If arrested for DUI, understand your rights and seek legal counsel immediately. The potential penalties under this new law could have serious, long-lasting consequences. Stay informed and drive responsibly.

Source: Official SC legislative records. Consult a licensed attorney for legal advice.