Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.3673 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990304 Primary Sponsor:Simrill All Sponsors:Simrill, Cotty, Klauber, Maddox, Allison, Bailey, H. Brown, J. Brown, Cato, Edge, Gamble, Gilham, Hamilton, Harrell, Harvin, Haskins, Keegan, Kirsh, Leach, McGee, Meacham-Richardson, Quinn, Rice, Rodgers, R. Smith, Stille, Stuart, Trotter, Vaughn, Walker, Wilder, Wilkins, Woodrum, Young-Brickell, Barrett, Riser, Neilson, Hawkins, J. Hines, W. McLeod, Pinckney Drafted Document Number:l:\council\bills\ggs\22188cm99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Blood alcohol content, percent of to be guilty of DUI decreased; Transportation Department, Traffic violations History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990428 Co-Sponsor added (Rule 5.2) by Rep. Pinckney House 19990324 Co-Sponsor added (Rule 5.2) by Rep. W. McLeod House 19990318 Co-Sponsor added (Rule 5.2) by Rep. J. Hines House 19990318 Co-Sponsor added (Rule 5.2) by Rep. Neilson Hawkins House 19990310 Co-Sponsor added (Rule 5.2) by Rep. Riser House 19990309 Co-Sponsor added (Rule 5.2) by Rep. Barrett House 19990304 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 THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
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. It is unlawful for a person to drive a motor vehicle within this State while under the:
(1) under the influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired;
(2) under the 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) under the 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; or
(4) his alcohol concentration is ten one-hundredths of one percent or more."
SECTION 2. Section 56-5-2950(b)(3) of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"(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 is conclusively presumed that the person had an illegal alcohol concentration.
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 3. This act takes effect upon approval by the Governor,
except the provisions in Sections 56-5-2930 and 56-5-2950 pertaining to an alcohol concentration of ten one-hundredths of one percent or more will change to eight one-hundredths of one percent or more, effective upon the ratification of an amendment to Section 1, Article VIII of the Constitution of South Carolina, 1895, relating to the sale of alcoholic liquors and beverages in sealed containers of two ounces or less.
This web page was last updated on Wednesday, December 9, 2009 at 9:15 A.M.