South Carolina DUI Bill Moves Forward

Legislation aimed at toughening penalties for drinking and driving in South Carolina.

A conference committee of the South Carolina legislature has worked through most of the differences in competing South Carolina DUI bills, meaning a proposed tiered system of penalties for drunk driving in South Carolina may soon be presented to the general assembly.

The legislation calls for tying penalties to a motorist’s blood alcohol content. The higher the BAC, the more severe the penalty. Motorists with repeat South Carolina driving under the influence offenses would also be subject to increased penalties.

The committee agreed on language that calls for:

- Instructing juries in trials involving South Carolina DUI arrests with high blood alcohol content to first determine guilt or innocence and then establish the level of alcohol for an appropriate penalty category.

- Having new breath test machines analyzed by the National Highway Traffic Safety Administration to ensure they function properly. The equipment had been modified by the State Law Enforcement Division to meet South Carolina law.

- Accepting the Senate version of the bill that calls for stiff penalties for first time offenders with a high BAC.

The committee previously agreed to make all those convicted of drinking and driving in South Carolina, even first time offenders, to undergo alcohol abuse treatment and to drop the requirement for multiple Miranda warnings during a suspected DUI traffic stop.

An issue to still be resolved is the length of driver’s license suspension for drivers under the age of 21 who refuse to submit to a breath test.

South Carolina DUI defense attorneys say the focus of the legislation should not be on first time offenders. Statistically over 90% of all motorists accused of drunk driving in South Carolina are never arrested for an alcohol related issue again.

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