Chapter 17 Driving Offenses: Dui and Duac

• Library: SC Crimes: Elements and Defenses (SCBar) (2021 Ed.)

Chapter 17 Driving Offenses: DUI and DUAC

Relevant Statutes

17-22-50(A)(2)(b): Persons charged with DUI or DUAC not eligible for pretrial intervention

56-1-286: Drivers Under 21 Who Are DUAC

56-1-748: Drivers with Multiple Suspensions Get Restricted Route Licenses

56-5-2930: DUI Defined and Basic Principles(MAIN STATUTE)

56-5-2933: Additional Penalties, Fines, and DUAC

56-5-2934: Procedural Rights of Defendants

56-5-2935: Right to Jury Trial

56-5-2941: Required Use of Ignition Interlock Device

56-5-2942: Vehicle Immobilization After Certain Convictions

56-5-2945: Felony DUI

56-5-2946: Testing for Alcohol and Drugs

56-5-2947: Child Endangerment for Violating DUI Laws

56-5-2948: Field Sobriety Tests

56-5-2950: Implied Consent Law

56-5-2951: Suspension of License for Refusal to Consent to Testing

56-5-2953: Incident and Breath Test Site Video Recording

56-5-2954: Maintaining Breath Test Sites and Records

56-5-2955: Admissibility of Evidence Obtained under § 2950

56-5-2970: Reporting Convictions to S.C. DMV

56-5-2980: Use of Reports Referenced in § 2970

56-5-2990: Suspension of Convicted Person's License

56-5-2995: Financial Assessments Against Persons Convicted

56-5-3000: Repealed - SLED no longer has to publish lists of persons suspended for DUI or DUAC as this violated federal privacy laws.

61-4-110: Open Container Law

These statutes can be found at https://www.scstatehouse.gov/code/statmast.php. Other online sources, such as Westlaw and LexisNexis, also provide access to this material.

A QUICK SUMMARY OF THE LAW

Operating a motor vehicle while under the influence of alcohol:

South Carolina law prohibits a person from driving a motor vehicle while under the influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired. If you have a BAC of 0.08 percent or higher, it will be inferred that you were driving under the influence. If you have a BAC that is at least 0.05 percent but less than 0.08 percent, your BAC level may be considered along with other evidence to infer that you are under the influence. If you are convicted of driving under the influence of alcohol, you face:

• A fine of up to $400 ($992 with assessments and surcharges) and/or imprisonment from 48 hours to 30 days and suspension of your driver's license for six months for a first offense.
• A fine of $2,100 to $5,100 ($10,744.50 with assessments and surcharges) and imprisonment from five days to one year and suspension of your driver's license for one year for a second offense.
• A fine of $3,800 to $6,300 ($13,234.50 with assessments and surcharges) and imprisonment from 60 days to three years and suspension of your driver's license for two years for a third offense. If the third offense occurs within five years of the first offense, your driver's license is suspended for four years. If the third or subsequent offense occurs within 10 years of the first offense, the vehicle used must be confiscated if the offender is the owner or a resident of the household of the owner.
• Imprisonment from one to five years and permanent revocation of your driver's license for a fourth or subsequent offense.

(S.C. Code of Laws Sections 56-5-2930, 56-5-2940, 56-5-2950, 56-5-2990, 56-5-6240)

Driving with an unlawful alcohol concentration (illegal per se):

South Carolina law prohibits driving a motor vehicle with a BAC 0.08 percent or higher. If you are convicted of driving with an unlawful alcohol concentration, you face the same penalties as you would for a DUI conviction (see above).

(S.C. Code of Laws Sections 56-5-2933 and 56-5-2940)

Felony driving under the influence:

South Carolina law prohibits a person from driving a motor vehicle while under the influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired. If you are convicted of causing great bodily injury or death while driving under the influence (felony DUI), you face:

• A mandatory fine of $5,100 to $10,100 ($21,119.50 with assessments and surcharges) and imprisonment from 30 days to 15 years when great bodily injury occurs.
• A mandatory fine of $10,100 to $25,100 ($52,244.50 with assessments and surcharges) and imprisonment from one to 25 years when death occurs.

(S.C. Code of Laws Sections 56-5-2933 and 56-5-2940)

Implied consent:

South Carolina law states that any person driving in this state is considered to have given consent for testing of breath, blood or urine for the purpose of determining the presence of alcohol and/or drugs in the person's system, if alleged to have committed a violation. If you refuse to submit to BAC testing, you face an automatic 90-day suspension (180 days if there is a prior alcohol-related conviction or suspension within the preceding ten years) of your driving privileges if you are 21 or older.

(S.C. Code of Laws Section 56-5-2950 and 56-5-2951)

Open container (beer, wine):

South Carolina law prohibits having an open container of beer or wine in a moving vehicle of any kind, except in the trunk or luggage compartment. If you are convicted of violating this law, you face a fine of up to $100 or imprisonment for up to 30 days.

(S.C. Code of Laws Section 61-4-110)

Open container (liquor):

South Carolina law prohibits having an open container of liquor in a moving vehicle of any kind, except in the luggage compartment. If you are convicted of violating this law, you face a fine of up to $100 or imprisonment for up to 30 days.

(S.C. Code of Laws Section 61-6-4020).

The above "quick summary" is taken from the website of the South Carolina Department of Public Safety at https://scdps.sc.gov/scsoberorslammer/scduilaws.

The purpose of this chapter is to provide a broad overview of the crime of DUI. Over the past 20 years and even since the first addition of this book, DUI and related offenses have become excessively complex. As a casual review of the statutes above referenced will quickly reveal, DUI prosecution and defense is not for the novice. A new practitioner to this area of the law will need to review the above statutes with great care before taking on a DUI case. The ramifications of a DUI...