Bill 3292

                    Current Status

Introducing Body:               House
Bill Number:                    3292
Primary Sponsor:                Fair
Committee Number:               25
Type of Legislation:            GB
Subject:                        DUI, blood alcohol content
                                level
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       DKA/4086AL.93
Introduced Date:                19930128    
Last History Body:              House
Last History Date:              19930128    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Fair
                                     Snow
                                     Simrill
                                     Fulmer
                                     Cato
                                     Gamble
                                     Stone
                                     Meacham
                                     A. Young
                                     Wilkins
                                     Haskins
                                     Wells
                                     Clyborne
Type of Legislation:            General Bill

Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3292  House   19930128      Introduced, read first time,    25
                            referred to Committee

A BILL

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.

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. This act takes effect ninety days after approval by the Governor.