Sheriff Lee Boan provided testimony this week in front of the SC Senate Judiciary Subcommittee in support of S.52 (DUI). This bill increases penalties for DUI offenses while decreasing unnecessary barriers on DUI enforcement.
Read more about Bill S.52 at the link below:
For those who do not legalese here is a more direct following of the proposed bill:
Amend the South Carolina Code of Laws as follows:
- Section 56-5-2930 (Driving Under the Influence): Update penalties to allow both fines and jail time. Require convicted individuals to attend DUI victim impact panels.
- Section 56-5-2933 (Driving with Unlawful Alcohol Concentration): Allow both fines and jail time and require DUI victim impact panel attendance.
- Section 56-5-2941 (Ignition Interlock Devices): Remove the rule that prevents requiring ignition interlock devices before contested case hearings.
- Section 56-5-2945 (Felony DUI): Create a new offense called “Felony DUI Second Degree,” define penalties, and specify what qualifies as “moderate bodily injury.”
- Section 56-5-2947 (Child Endangerment): Expand child endangerment laws to include reckless vehicular homicide and reckless driving.
- Section 56-5-2950 (Implied Consent for Alcohol/Drug Testing): Update rules on when and how alcohol and drug tests can be administered, allowing lab technicians, phlebotomists, and EMTs to collect samples. Change suspension periods for test refusals or high alcohol levels. Remove the rule about individuals incapable of refusing consent.
- Section 56-5-2951 (License Suspensions for Refusal to Test or High Alcohol Levels): Allow drivers with suspended licenses to install ignition interlock devices within 30 days and obtain restricted licenses. Increase suspension periods for repeat offenses or high alcohol levels.
- Section 56-5-2953 (Video Recording at DUI Arrests): Clarify that a DUI charge cannot be dismissed if officers substantially follow the law. Require suppression motions before jeopardy attaches.
- Section 56-5-2920 (Reckless Driving): Introduce felony reckless driving for cases involving great bodily injury and create penalties for reckless driving causing moderate bodily injury.
- New Section 56-5-2960: Allow courts to order individuals convicted of felony DUI that results in a parent’s or guardian’s death or disability to pay child support, perform community service, or both.
- Section 56-1-286 (Underage DUI License Suspensions): Permit those under 21 with suspended licenses to obtain temporary licenses with ignition interlock restrictions.
- Section 56-1-400 (License Surrender): Remove the rule stating that ignition interlock devices are only required for alcohol-related offenses.
As many South Carolinians would agree with most of these proposed changed some are arguing that certain aspects and changes would violate a persons Constitutional Protections, such as having to pay and install for an interlock device prior to having been found guilty of the alleged charge. It is also being argued that some of these proposed changes would give to much authority to Law Enforcement Officers to skirt the boundaries of the law by requiring such devices beyond the devices initial intent, which is to prevent drunk driving.