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Current Status Bill Number:View additional legislative information at the LPITS web site.3462 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990204 Primary Sponsor:Easterday All Sponsors:Easterday, Hayes, Kirsh, Rice, Beck, Gilham, Stuart, Barrett, Simrill, Davenport, R. Smith, Loftis, Leach, Mason, Sandifer, Meacham-Richardson, Hamilton, Vaughn, Robinson and H. Brown Drafted Document Number:l:\council\bills\gjk\20139sm99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:DUI, blood alcohol content, alcohol percentage; Transportation Department, Traffic violations History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990204 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE FOR THE OFFENSE OF GROSS INTOXICATION; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTY FOR DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO HAS MORE THAN SIXTEEN ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO HAS MORE THAN SIXTEEN ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN HIS BLOOD IS GROSSLY INTOXICATED; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON CONVICTED OF DRIVING WHILE INTOXICATED, SO AS TO PROVIDE FOR ENHANCED PENALTIES FOR A PERSON WHO IS GUILTY OF GROSS INTOXICATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF DRIVING WHILE INTOXICATED AND WHO, AT THE TIME OF THE OFFENSE, HAD SIXTEEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN HIS BLOOD MAY NOT RECEIVE A PROVISIONAL DRIVER'S LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2930 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2930. (A) It is unlawful for a person to drive a motor vehicle within this State while under the:
(1) influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired;
(2) influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; or
(3) combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired.
(B) A person is grossly intoxicated if he drives a motor vehicle while under the influence of intoxicating liquors, drugs, or a similar substance and one of the following factors is present:
(1) the person's manner, disposition, speech, muscular movement, general appearance, or behavior is affected grossly by the influence of intoxicating liquors, drugs, or a similar substance; or
(2) at the time of the offense, there was sixteen one-hundredths of one percent or more by weight of alcohol in the person's blood.
(C) The question of gross intoxication is one of fact which must be determined by a judge or jury."
SECTION 2. Section 56-5-2940 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2940. A person violating who violates a provision of Section 56-5-2930, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, must be punished in accordance with the following:
(1)(a) by a fine of three hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense if the person was not grossly intoxicated. However, in lieu of the forty-eight hour minimum imprisonment the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence.;
(b) by a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year for the first offense if the person was grossly intoxicated pursuant to Section 56-5-2930. In addition to the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment upon terms and conditions the court considers proper.
(2)(a) by a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year for the second offense if the person was not grossly intoxicated. However, the fine imposed by this item may not be suspended in an amount less than one thousand dollars. In lieu of service of addition to imprisonment the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon terms and conditions the court considers proper.;
(b) by a fine of not less than three thousand, five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years for the second offense if the person was grossly intoxicated pursuant to Section 56-5-2930;
(3)(a) by a fine of not less than three thousand, five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years, for the third offense if the person was not grossly intoxicated.;
(b) by imprisonment for not less than one year nor more than five years for the third offense if the person was grossly intoxicated pursuant to Section 56-5-2930;
(4)(a) by imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense if the person was not grossly intoxicated;
(b) by imprisonment for not less than five years nor more than ten years for the fourth or subsequent offense if the person was grossly intoxicated pursuant to Section 56-5-2930."
No part of the minimum sentences provided in this section must may be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.
The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.
For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those offenses violations which occurred within a period of ten years including and immediately preceding the date of the last offense violation shall constitute prior offenses violations within the meaning of this section.
Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside."
SECTION 3. Section 56-5-2950(b) of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"(b) In the criminal prosecution for a violation of Section 56-5-2930 or 56-5-2945 relating to driving a vehicle under the influence of alcohol, drugs, or a combination of them, the alcohol concentration at the time of the test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following:
(1) If the alcohol concentration was at that time five one-hundredths of one percent or less, it is conclusively presumed that the person was not under the influence of alcohol.
(2) If the alcohol concentration was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent, 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 evidence in determining the guilt or innocence of the person.
(3) If the alcohol concentration was at that time ten one-hundredths of one percent or more, it may be inferred that the
person was under the influence of alcohol.
(4) If there was at that time sixteen one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was grossly intoxicated.
The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them."
SECTION 4. The first paragraph of Section 56-5-2990 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"The department shall suspend the driver's license of a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for the violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail; one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail; two years for the third conviction, plea of guilty or of nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for the fourth or subsequent conviction, plea of guilty or of nolo contendere, or forfeiture of bail. A person who was grossly intoxicated pursuant to Section 56-5-2930 shall have his driver's license suspended for one year for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail; two years for the second conviction, plea of guilty or nolo contendere, or forfeiture of bail; three years for the third conviction, plea of guilty or nolo contendere, or forfeiture of bail; and a permanent revocation of the driver's license for fourth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385."
SECTION 5. Section 56-1-1320 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-1320. A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics, and whose license is not presently suspended for any other reason, may apply to the motor vehicle division of the department to obtain a provisional driver's license of a design to be determined by the department to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 must be made by the director of the department or his designee. A person convicted of a violation of an ordinance of a municipality or law of this State that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics and, who, at the time of the offense, had sixteen one-hundredths of one percent or more by weight of alcohol in his blood is prohibited from obtaining a provisional license in this State."
SECTION 6. This act takes effect upon approval by the Governor.
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