H 4108 General Bill, By Neilson, Easterday, Fair, R.J. Herdklotz, 
M.F. Jaskwhich and Young-Brickell

Similar(H 3112, H 3670)
 A Bill to amend Section 56-5-2950, as amended, Code of Laws of South Carolina,
 1976, relating to the implied consent to chemical tests of breath, blood, and
 urine 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 of under the influence or no presumption of being under
 the influence which must be used in determining the guilt of a person
 violating the provisions of Section 56-5-2930 and to provide that it must be
 inferred that a person is under the influence of alcohol if there was at that
 time six one-hundredths of one percent or more by weight of alcohol in the
 person's blood.

   04/12/95  House  Introduced and read first time HJ-50
   04/12/95  House  Referred to Committee on Judiciary HJ-51

A BILL

TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE 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 OF UNDER THE INFLUENCE OR NO PRESUMPTION OF BEING UNDER THE INFLUENCE WHICH MUST BE USED IN DETERMINING THE GUILT OF A PERSON VIOLATING THE PROVISIONS OF SECTION 56-5-2930 AND TO PROVIDE THAT IT MUST BE INFERRED THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME SIX 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 is 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 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 six 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 six one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol."

SECTION 2. This act takes effect upon approval by the Governor.