Current Status Bill Number:3301 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970128 Primary Sponsor:Stille All Sponsors:Stille, Limehouse, Neilson, Young, Simrill, Mullen, Robinson, Leach, Harvin and Hamilton Drafted Document Number:bbm\9065cm.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:DUI, percent of alcohol used to determine guilt of person, minors, Transportation Department, traffic violations
Body Date Action Description Com Leg Involved
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House 19970128 Introduced, read first time, 25 HJ
referred to Committee
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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 STATE'S PUBLIC ROADS, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON'S BLOOD WHO IS AT LEAST TWENTY-ONE YEARS OF AGE USED TO CREATE PRESUMPTIONS OF UNDER THE INFLUENCE OR NO PRESUMPTION OF BEING UNDER THE INFLUENCE WHICH MUST BE USED TO DETERMINE THE GUILT OF A PERSON VIOLATING SECTION 56-5-2930, TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO IS AT LEAST TWENTY-ONE YEARS OF AGE IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD, AND TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO IS LESS THAN TWENTY-ONE YEARS OF AGE IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS ANY PERCENT 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) of the 1976 Code is amended to read:
"(b) In any a criminal prosecution for the violation of Section 56-5-2930 or 56-5-2945 relating to operating a vehicle under the influence of alcohol, drugs, or a combination of them, the amount of alcohol in the person's blood at the time of the alleged violation, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the a person's blood who is at least twenty-one years of age, 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 one-hundredths of one percent but less than ten eight one-hundredths of one percent by weight of alcohol in the a person's blood who is at least twenty-one years of age, 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 a person's blood who is at least twenty-one years of age, it may be inferred that the person was under the influence of alcohol.
(4) If there was at the time any percent weight of alcohol in a person's blood who is less than twenty-one years of age, it may be inferred that the person was under the influence of alcohol.
The provisions of this section must not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the person was under the influence of alcohol, drugs, or a combination of them."
SECTION 2. This act takes effect upon approval by the Governor.