SC Law Blog

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Tuesday, June 1, 2010

New DUI Laws

Revisions to the DUI laws under 56-5-2930:

First Offense:
$400.00 or 48 hours to 30 days in jail, or 48 hours community service.
If the blood alcohol concentration (BAC) is .10 to .15:
$500.00 or 72 hours to 30 days in jail, or 72 hours community service.
If the BAC is .16 or greater: $1,000.00 or 30 days to 90 days, or 30 days community service.

Second Offense:
$2,100.00 to $5,100.00 and 5 days to 1 year in prison (the service of the minimum sentence is mandatory).
BAC of .10 to .15:
$2,100.00 to $5,100.00 and 30 days to 2 years in prison.
BAC of .16 or greater:
$3,500.00 to $6,500.00 and 90 days to 3 years in prison.

Third Offense:
$3,800.00 to $6,300.00 and 60 days to 3 years in prison (the service of the minimum sentence is mandatory).
BAC of .10 to .15:
$5,000.00 to $7,500.00 and 90 days to 4 years in prison.
BAC of .16 or more:
$7,500.00 to $10,000.00 and 6 months to 5 years in prison.

Fourth or Subsequent Offense:
1 year to 5 years in prison (the service of the minimum sentence is mandatory).
BAC of .10 to .15:
2 years to 6 years in prison.
BAC of .16 or more:
3 years to 7 years in prison.

The jury makes the determination of what the BAC was, following a guilty verdict. If the jury does not reach a unanimous decision regarding the BAC, but does find that the accused is guilty, then the sentence is based on the non-enhanced penalties.

Another major change in the DUI law will be the deletion of the requirement that Miranda rights be read to the accused at the breath-testing site. Miranda must still be read to the accused on the roadside video, but not at the station. This act also provides that a blood alcohol concentration (BAC) test may not be administered on a person being investigated for driving under the influence (DUI) or driving with an unlawful alcohol concentration (DWUAC) unless, upon activation of the video recording equipment and prior to the commencement of the testing procedure, the person has been given a written copy and verbally informed of the person’s rights with regards to the BAC test.

The Distinction between Under 21 and 21 and Over Under 21
If a person under the age of 21 refuses to submit to a BAC test, the Department of Motor Vehicles (DMV) must suspend the person’s license or permit, or deny the issuance of a license or permit for a period of: (a) 6 months for a 1st offense; and (b) 1 year for any subsequent offense. If a person under the age of 21 submits to a BAC test and the result indicates a BAC of .02% or more, the DMV must suspend the person’s license or permit or deny the issuance of a license or permit to the person for a period of: (a) 3 months for a 1st offense; and (b) 6 months for any subsequent offense. 21 and Older If a person 21 or older refuses to submit to a BAC test, the DMV must suspend the person’s license or permit or deny the issuance of a license or permit to the person for a period of: (a) 6 months for a 1st offense; (b) 9 months for a 2nd offense; (c) 12 months for a 3rd offense; and (d) 15 months for a 4th or subsequent offense. If a person 21 or older submits to a BAC test and the result indicates a BAC of .15% or more, the DMV must suspend the person’s license or permit or deny the issuance of a license or permit to the person for a period of: (a) 1 month for a 1st offense; (b) 2 months for a 2nd offense; (c) 3 months for a 3rd offense; and (d) 4 months for a 4th or subsequent offense. A law enforcement officer is only required to advise a person being investigated for DUI or DWUAC of the person’s Miranda rights at the time of arrest. However, the refusal to take a field sobriety test by a person being investigated for DUI or DWUAC does not constitute disobeying a law enforcement command. A person convicted under this statute, whether for a first offense or subsequent offense, must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services and must pay $25 for the cost of the BAC test.  The DMV must suspend the driver’s license of a person who is convicted of a felony DUI for a period of incarceration plus 3 years when great bodily injury occurs and 5 years when a death occurs. A person charged with DWUAC is not eligible for PTI. A person charged with DWUAC may also be charged with child endangerment. If an individual convicted under this statute does not enter a treatment program the court may hold the individual in contempt of court if the individual cannot show cause as to why no enrollment occurred within the mandated thirty days or why no progress has been made on the plan of education or treatment. 

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