South Carolina Bill S0052: Sweeping DUI Reforms Proposed

South Carolina Bill S0052: Comprehensive Overhaul of DUI Laws on the Horizon South Carolina drivers may soon face a significantly stricter landscape regarding driving under the influence (DUI) laws. Bill S0052, currently prefiled in the South Carolina legislature, proposes sweeping changes to existing DUI statutes, affecting penalties, testing procedures, license suspensions, and victim support.

Sponsored by a bipartisan group of state senators, including Thomas Davis and Richard Cash, the bill signals a strong push for enhanced road safety and accountability. Here's a detailed breakdown of what S0052 entails and how it could impact South Carolina drivers.

What S0052 Proposes: A Detailed Examination Bill S0052 targets several key areas within South Carolina's DUI laws, introducing or modifying the following:

• Enhanced Penalties for DUI and DUAC: The bill aims to amend Sections 56-5-2930 and 56-5-2933, relating to DUI and Driving with Unlawful Alcohol Concentration (DUAC), respectively. Currently, penalties may allow for fines *or
• incarceration. S0052 seeks to *permit
• sentences involving both fines *and
• jail time, providing judges with greater latitude in sentencing.

It also mandates attendance at DUI victim impact panels for convicted individuals.

• Ignition Interlock Device (IID) Requirements: The bill eliminates the provision that allowed individuals to avoid installing an IID until after a contested case hearing, making immediate installation more likely.

This change underscores a commitment to preventing repeat offenses by those suspected of drunk driving.

• Creation of Felony DUI Second Degree: S0052 introduces a new offense, Felony Driving Under the Influence Second Degree, while amending Section 56-5-2945.

This adds a further layer of severity to felony DUI charges and establishes penalties based on the harm caused. The bill defines “moderate bodily injury,” which likely will become subject to judicial interpretation through case law.

• Child Endangerment Expansion: The bill expands the scope of child endangerment charges (Section 56-5-2947) to include reckless vehicular homicide and reckless driving when a child is present in the vehicle.

This provision aims to protect children from the grave risks associated with impaired or reckless driving.

• Revised Implied Consent and Testing Procedures: The bill substantially revises Section 56-5-2950, concerning implied consent for alcohol or drug testing.

It expands the list of qualified professionals who can draw blood or urine to include laboratory technicians, phlebotomists, and emergency medical technicians. Furthermore, it revises suspension periods for refusing testing or for having certain alcohol concentrations and removes the provision regarding individuals incapable of refusing consent.

• Streamlined IID Installation and License Suspensions: Section 56-5-2951 is amended to allow individuals facing license suspensions to install IIDs within thirty days and obtain temporary licenses with IID restrictions.

Those refusing chemical tests now face a one-year license suspension for a first offense, with increased suspensions for subsequent offenses. Also, licenses are suspended for two months for tests showing an alcohol concentration of .15% or higher.

• Video Recording Compliance: The bill clarifies Section 56-5-2953, stipulating that substantial compliance with video recording requirements does not compel dismissal of a DUI charge. Moreover, motions to suppress evidence related to video recording must be made before jeopardy attaches (before trial begins).
• Felony Reckless Driving Offenses: S0052 creates new offenses under Section 56-5-2920: Felony Reckless Driving with Great Bodily Injury and Reckless Driving Resulting in Moderate Bodily Injury, each carrying its own penalties.
• Restitution for DUI Victims: The bill adds Section 56-5-2960, allowing courts to order individuals convicted of Felony DUI causing death or disability to parents or guardians to pay child support as restitution, perform community service, or both, for the duration of any probation.
• IID for Underage Drivers: The bill amends Section 56-1-286, allowing individuals under 21 facing license suspensions for driving with certain alcohol concentrations to obtain temporary licenses with IID restrictions.
• Removal of Redundant IID Provision: The bill also amends Section 56-1-400 to remove a clause that was considered repetitive with other legislation in effect.

Potential Impact on Drivers The proposed changes in S0052 could significantly impact South Carolina drivers in several ways:

• Harsher Penalties: Individuals convicted of DUI or DUAC could face both fines and jail time, potentially leading to stricter sentencing outcomes.
• Increased IID Usage: Broader and earlier implementation of IIDs will make it more difficult to continue driving after a DUI arrest, even while awaiting trial.
• Expanded Liability: The creation of new felony offenses, like Felony DUI Second Degree and Felony Reckless Driving, could lead to more severe charges and penalties for accidents involving impairment.
• Heightened Scrutiny: Expanded testing procedures and the inclusion of more professionals authorized to draw blood or urine samples may lead to more DUI arrests and convictions.
• Increased Costs: The costs associated with IID installation, maintenance, and potential fines could place a significant financial burden on offenders.
• Victim Support: The restitution provisions, including potential child support payments, aim to provide greater support to victims of DUI-related incidents.

Comparison to Current South Carolina DUI Law

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Context and Rationale The introduction of S0052 reflects a growing concern about the prevalence and impact of DUI offenses in South Carolina.

The legislation aims to address perceived shortcomings in existing laws, such as lenient penalties and loopholes that allow offenders to avoid accountability.

The sponsors likely believe that stricter penalties, increased IID usage, and enhanced victim support will deter drunk driving and improve road safety.

The bipartisan support for the bill suggests a broad consensus on the need for stronger DUI laws.

Practical Information for Affected Drivers If S0052 becomes law, South Carolina drivers should be aware of the following:

• Understand the New Penalties: Familiarize yourself with the enhanced penalties for DUI, DUAC, and related offenses.
• Know Your Rights During Testing: Understand your rights under implied consent laws and the procedures for alcohol and drug testing.
• Consider IID Installation: If facing a license suspension, explore the possibility of installing an IID to obtain a temporary license.
• Seek Legal Counsel: If arrested for DUI or a related offense, consult with an experienced DUI attorney to understand your rights and options.
• Attend Victim Impact Panels: If convicted of DUI, be prepared to attend a DUI victim impact panel.
• Drive Responsibly: The best way to avoid the consequences of S0052 is to refrain from driving under the influence of alcohol or drugs. *Conclusion:
• Bill S0052 represents a significant effort to strengthen South Carolina's DUI laws. By increasing penalties, expanding IID usage, and enhancing victim support, the legislation aims to deter drunk driving and improve road safety.

Drivers should stay informed about these proposed changes and take steps to ensure they are in compliance with the law. Whether S0052 becomes law, and in what form, remains to be seen as it progresses through the legislative process.