Bill 3393

                    Current Status

Bill Number:               3393
Ratification Number:       363
Act Number                 348
Introducing Body:          House
Subject:                   Implied consent to blood, breath, and
                           urine tests in DUI cases

(A348, R363, H3393)

AN ACT TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO TESTS TO DETERMINE THE ALCOHOLIC OR DRUG CONTENT OF BLOOD, SO AS TO DEFINE PERSONS WHO ARE PERMITTED TO TAKE BLOOD AND URINE SAMPLES INSTEAD OF ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS OR A COMBINATION OF THEM IN THE SYSTEMS OF PERSONS ARRESTED FOR DUI AND TO EXEMPT THEM FROM CRIMINAL PROSECUTION BY THE ARRESTED PERSON.

Be it enacted by the General Assembly of the State of South Carolina:

Implied consent to blood, breath, and urine tests in DUI cases

SECTION 1. The first paragraph of Section 56-5-2950(a) of the 1976 Code, as last amended by Act 179 of 1987, is further amended to read:

"Any person who operates a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs if arrested for any offense arising out of acts alleged to have been committed while the person was operating a motor vehicle while under the influence of alcohol, drugs, or a combination of them. Any test must be administered at the direction of a law enforcement officer who has apprehended a person for operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, dead, or for any other reason considered acceptable by the licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breathalyzer reading is ten one-hundredths of one percent by weight of alcohol in the person's blood or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by SLED, using methods approved by SLED. The arresting officer may not administer the tests. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for ninety days if he refuses to submit to the tests.

A hospital, physician, qualified technician, chemist, or registered nurse who takes the samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples."

Time effective

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