Current Status Introducing Body:House Bill Number:3262 Primary Sponsor:Hayes Committee Number:25 Type of Legislation:GB Subject:DUI, blood alcohol level when twenty-one and under Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/3075.AL Introduced Date:Jan 17, 1991 Last History Body:House Last History Date:Jan 17, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Hayes Fair Kirsh Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3262 House Jan 17, 1991 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2952 SO AS TO MAKE IT UNLAWFUL FOR PERSONS UNDER THE AGE OF TWENTY-ONE TO OPERATE A MOTOR VEHICLE WITH A BLOOD ALCOHOL CONTENT OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR GREATER BY WEIGHT OF ALCOHOL, TO PROVIDE PENALTIES FOR VIOLATIONS, TO PROVIDE THAT THOSE PERSONS HAVE GIVEN THEIR IMPLIED CONSENT TO CERTAIN TESTS TO DETERMINE THE ALCOHOL CONTENT OF THEIR BLOOD, TO PROVIDE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE TESTS MUST BE ADMINISTERED, AND TO PROVIDE FOR CERTAIN SUSPENSIONS OF THE DRIVING PRIVILEGES OF THOSE PERSONS WHO REFUSE TO TAKE TESTS OR WHOSE BLOOD ALCOHOL CONTENT, AS A RESULT OF THE TESTS, IS TWO ONE-HUNDREDTHS OF ONE PERCENT OR GREATER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-2952. (A) A person who is under the age of twenty-one who operates a motor vehicle with a blood alcohol content of two one-hundredths of one percent or greater by weight of alcohol is guilty of a misdemeanor and, upon conviction, must serve a minimum of eighty hours of public service employment determined by the court. The results of the tests authorized to be administered pursuant to this section are admissible into evidence to prove a violation of this subsection, but other competent evidence not related to these tests also is admissible to prove a violation of this subsection.
(B) A person under the age of twenty-one 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.
A test must be administered at the direction of a law enforcement officer who believes a person has violated subsection (A). At the direction of the officer, the person first must be offered a breath test to determine the alcohol content of his blood. If the person physically is unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, or for any other reason considered unacceptable by the officer, a blood or urine sample may be taken. The breath test must be administered by a person trained and certified by the State Law Enforcement Division, using methods approved by the division. The arresting officer may not administer the tests. Blood and urine tests must be administered by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel trained to administer these tests in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by the division. The division shall administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.
(C) A qualified person and his employer who obtain samples or administer the tests or assist in obtaining samples or administration of tests at the direction of a law enforcement officer are released from civil and criminal liability unless the obtaining of samples or the tests are performed in a negligent manner. No person may be required by the officer ordering the tests to obtain or take any sample of blood or urine.
(D) If a person refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (B), then the Department of Highways and Public Transportation shall suspend his license or permit to drive, or any nonresident's operating privilege, for one year.
If a defendant under arrest, upon the request of a law enforcement officer, submits to chemical tests as provided in subsection (B), and the test results indicate a blood alcohol content of two one-hundredths of one percent or greater by weight of alcohol, the department shall suspend his license or permit to drive or any nonresident's operating privilege for one year.
If the person is a resident without a license or permit to operate a motor vehicle in this State, the department shall deny to the person the issuance of a license or permit for one year after he would otherwise be eligible to be licensed. 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 at least one year if he refuses to submit to the tests, or if he submits to the test and his blood alcohol content is two one-hundredths or greater as shown by the chemical test of his breath, blood, or other body fluids.
The arresting officer shall promptly notify the department of the refusal of any person to submit to a test requested pursuant to this section as well as the test result of any person who submits to a test pursuant to this section whose blood alcohol content is two one-hundredths or greater. The notification must be in a manner prescribed by the department.
(E) The notice of suspension issued by the department must advise the defendant of his right to obtain an administrative review as provided in this section. If a person whose license has been suspended pursuant to this section desires a hearing, he shall request a review by the department, in writing, within ten days of the date of the order of suspension. The department shall afford the person a review as early as practicable in the county in which the arrest occurred, unless the department and the person agree that the review may be held in another county.
If a written request is not received within ten days of the date of the order of suspension, the right to a hearing is waived and the determination of the department which is based on the arresting officer's report becomes final. If the person requesting the hearing fails to appear without just cause, the right to a hearing is waived and the determination of the department which is based upon the arresting officer's report becomes final.
(F) The sole issues to be considered in an administrative review on the refusal to take the chemical test are whether:
(1) the person was placed under arrest;
(2) the person was informed that he did not have to take the test, but that his privilege to drive would be suspended or denied if he refused to submit to the test;
(3) the person refused to submit to the test upon request of the arresting officer.
The sole issues to be considered in an administrative review on the operation of a motor vehicle while the blood alcohol content of the person under twenty-one years of age was two one-hundredths of one percent or greater according to the test are whether:
(1) the person was placed under arrest;
(2) the person was advised of the consequences of registering a blood alcohol content of two one-hundredths of one percent or greater;
(3) the person registered a blood alcohol content of two one-hundredths of one percent or greater;
(4) the individual taking samples or administering the test was qualified in accordance with this section;
(5) the samples given and tests administered were in accordance with the division procedures.
The department after the administrative review shall order that the suspension, or determination that there should be a denial of issuance, either be rescinded or sustained.
(G) The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.
The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.
(H) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (B) of this section.
(I) When it is finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this State has been suspended, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license.
(J) A person required to submit to tests by a law enforcement officer must be provided with a written report including the time of the incident, the time of the tests, and the results of the tests prior to any suspension being imposed for violation of this section. A person administering a test at the request of the defendant shall record in writing the time, method, and results of the test and promptly furnish a copy to the arresting officer.
(K) A person whose driver's license is suspended under this section is not required to file proof of financial responsibility.
(L) The provisions of this section are in addition to and supplementary to the provisions of Sections 56-5-2930, 56-5-2940, 56-5-2945, and 56-5-2950."
SECTION 2. This act takes effect upon approval by the Governor.