Bill

Bill > S0052


SC S0052

SC S0052
Driving under the influence


summary

Introduced
01/14/2025
In Committee
02/10/2026
Crossed Over
02/05/2026
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 56-5-2930, Relating To Operating Motor Vehicles While Under The Influence Of Alcohol Or Drugs, So As To Amend The Penalty Provisions To Permit Sentences Of Both Fines And Incarceration And To Require Convicted Persons To Attend Dui Victim Impact Panels; By Amending Section 56-5-2933, Relating To Driving With Unlawful Alcohol Concentrations, So As To Permit Sentences Of Both Fines And Incarceration And To Require Convicted Persons To Attend Dui Victim Impact Panels; By Amending Section 56-5-2941, Relating To Ignition Interlock Devices, So As To Delete The Provision That Provides Nothing In The Section Requires Installation Of Ignition Interlock Devices Prior To Contested Case Hearings; By Amending Section 56-5-2945, Relating To The Offense Of Felony Driving Under The Influence, So As To Create The Offense Of Felony Driving Under The Influence Second Degree, Establish Penalties, And Define The Term "moderate Bodily Injury"; By Amending Section 56-5-2947, Relating To Child Endangerment, So As To Include The Offenses Of Reckless Vehicular Homicide And Reckless Driving As Violations Subject To A Charge Of Child Endangerment; By Amending Section 56-5-2950, Relating To Implied Consent To Testing For Alcohol Or Drugs, So As To Revise The Circumstances, Procedures To Be Followed, And Test Sites That Can Be Used When Persons Are Subjected To Tests For Alcohol Or Drugs, To Provide That Laboratory Technicians, Phlebotomists, And Emergency Medical Technicians May Obtain Blood Or Urine Samples, To Revise The Period Of Suspensions Of Driving Privileges That Must Be Imposed For Failure If Persons Refuse To Be Tested And If Persons Have Certain Alcohol Concentrations, To Revise The Provision That Establishes Alcohol Concentrations, And To Delete The Provision Relating To Persons Incapable Of Refusing To Consent To Tests; By Amending Section 56-5-2951, Relating To Suspension Of Licenses For Refusal To Submit To Testing Or For Certain Levels Of Alcohol Concentrations, So As To Provide That Persons Issued License Suspensions May Install Ignition Interlock Devices Within Thirty Days And Obtain Temporary Drivers' Licenses With Ignition Interlock Restrictions, And To Provide That Persons Who Refuse To Submit To Chemical Tests Must Have Their Drivers' Licenses Suspended For One Year For A First Offense, And To Provide Increased Suspensions For Subsequent Offenses, Or If Persons Take The Tests And Register Alcohol Concentrations Of Over Fifteen One-hundredth Of One Percent Or More, That Their Licenses Are Suspended For Two Months; By Amending Section 56-5-2953, Relating To Incident Sites And Breath Test Sites For Video Recording, So As To Provide That Nothing In This Section May Be Construed To Compel Or Authorize A Dismissal Of A Dui Offense If The Officers Substantially Comply With The Statute And That Motions For Suppression Of Evidence Under The Statute Must Be Made Prior To Jeopardy Attaching; By Amending Section 56-5-2920, Relating To Reckless Driving, So As To Create The Offenses Of Felony Reckless Driving With Great Bodily Injury And Reckless Driving Resulting In Moderate Bodily Injury And To Establish Penalties; By Adding Section 56-5-2960 So As To Provide That Persons Convicted Of Felony Driving Under The Influence Causing The Death Or Disability Of Parents Or Guardians May Be Ordered To Pay Child Support As Restitution For The Duration Of Any Probation Ordered, Perform Community Service, Or Both; By Amending Section 56-1-286, Relating To The Suspension Of Licenses Or Permits Or The Denial Of Issuance Of Licenses Or Permits To Persons Under The Age Of Twenty-one Who Drive Motor Vehicles With Certain Alcohol Concentrations, So As To Provide That Persons Issued Notices Of Suspensions May Obtain Temporary Licenses With Ignition Interlock Restrictions; And By Amending Section 56-1-400, Relating To The Surrender Of Licenses, So As To Remove The Provision That Nothing In This Section Requires Persons Obtain Ignition Interlocks Unless The Offenses Are Alcohol Related.

AI Summary

This bill, titled "Driving under the influence," proposes several significant changes to South Carolina's laws concerning impaired driving. Key provisions include increasing penalties for driving under the influence (DUI) and driving with an unlawful alcohol concentration, allowing for both fines and incarceration, and mandating attendance at DUI victim impact panels for convicted individuals. The bill also introduces a new offense for "felony driving under the influence second degree" and defines "moderate bodily injury." It expands the scope of child endangerment charges to include reckless driving offenses and revises procedures for alcohol and drug testing, including who can draw blood or urine samples and the duration of license suspensions for refusing tests or having high alcohol concentrations. Furthermore, the bill modifies rules regarding ignition interlock devices (IIDs), which are devices that prevent a vehicle from starting if the driver has consumed alcohol, by removing a provision that allowed for contested case hearings before IID installation and by allowing individuals with license suspensions to obtain temporary licenses with IID restrictions. It also creates new felony reckless driving offenses and establishes penalties for felony DUI convictions that result in a parent or guardian's death or disability, potentially requiring child support payments as restitution. The bill also clarifies that substantial compliance with video recording requirements at incident and breath test sites is sufficient to prevent dismissal of DUI offenses and requires motions for evidence suppression to be made before legal proceedings begin. Finally, it addresses the prosecution of DUI cases by establishing centralized magistrates courts for certain offenses and makes other technical amendments to existing laws.

Committee Categories

Justice

Sponsors (19)

Last Action

Conference committee appointed JE Johnson, Robbins, Rose (on 05/13/2026)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://www.scstatehouse.gov/billsearch.php?billnumbers=52&session=126&summary=B
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260508.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260506.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260504A.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260504.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260501.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260430.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260429.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260205.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260204.htm
Fiscal Note - S0052 2026-01-14 Amended https://www.scstatehouse.gov/sess126_2025-2026/fiscalimpactstatements/S0052%202026-01-14%20amended.pdf
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260203A.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260203.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260202.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260129.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260129A.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260128.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260121.htm
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20260114.htm
Fiscal Note - S0052 2025-01-14 Introduced https://www.scstatehouse.gov/sess126_2025-2026/fiscalimpactstatements/S0052%202025-01-14%20introduced.pdf
BillText https://www.scstatehouse.gov/sess126_2025-2026/prever/52_20241211.htm
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