Current Status Introducing Body:House Bill Number:3204 Primary Sponsor:Kirsh Committee Number:25 Type of Legislation:GB Subject:DUI, alcohol blood content level Residing Body:House Current Committee:Judiciary Computer Document Number:EGM/22300.DW Introduced Date:19930120 Last History Body:House Last History Date:19930120 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Kirsh Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3204 House 19930120 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF THE BLOOD OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC ROADS OF THIS STATE, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON'S BLOOD USED TO CREATE PRESUMPTIONS WHICH MUST BE USED IN DETERMINING THE GUILT OF PERSONS VIOLATING THE PROVISIONS OF SECTION 56-5-2930 AND PROVIDE THAT IT MUST BE INFERRED THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD; AND TO PROVIDE A TRANSITION PERIOD FOR THE REDUCTION OF THE PERCENTAGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2950(b)(1), (2), and (3) of the 1976 Code are amended to read:
"(1) If there was at that time five three one-hundredths of one percent or less by weight of alcohol in the person's blood, it is conclusively presumed conclusively that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five three one-hundredths of one percent but less than ten eight one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person.
(3) If there was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, it may must be inferred that the person was under the influence of alcohol."
SECTION 2. (A) The percentage of five one-hundredths of one percent by weight of alcohol referred to in Section 56-5-2950(b)(1) is reduced to four one-hundredths of one percent effective January 1, 1993.
(B) The percentages of five and ten one-hundredths of one percent by weight of alcohol referred to in Section 56-5-2950(b)(2) are reduced to four and nine one-hundredths of one percent respectively effective January 1, 1993.
(C) The percentage of ten one-hundredths of one percent by weight of alcohol referred to in Section 56-5-2950(b)(3) is reduced to nine one-hundredths of one percent effective January 1, 1993.
SECTION 3. This act takes effect upon approval by the Governor, except that Section 1 takes effect January 1, 1994.