S.C. lawmakers consider ‘overhaul’ law, modifying how DUI cases are handled

CHARLESTON, S.C. (WCSC) - The South Carolina Senate will consider a law intended to “overhaul” what actions are taken when a person is convicted of driving under the influence, or impaired driving.

District 45 Sen. Tom Davis introduced Senate Bill S.52 on Tuesday. The law splits into 13 sections, each increasing the authority of the law in how both DUI crashes and traffic stop DUIs are prosecuted.

Each section breaks down the modifications of penalties, including fines and incarceration, investigative inclusions, including Blood Alcohol Content measures, video footage and ignition interlock devices, and the incentives for ing victims, convicted people and third-party , including relatives.

Section One permits the use of fines, incarceration and the attendance of DUI victim impact s for those convicted. The group Mothers Against Drunk Driving says judges may assess an additional $1,000 and up to 180 days in jail, or both, if there is a collision.

Section Four creates the offense of felony driving under the influence, second degree, when a DUI causes “moderate bodily injury,” to a person or personal property valued at more than $25,000. MADD claims someone could face a $3,000 to $6,000 fine and between 60 days to 10 years in prison.

Section Nine creates a felony for reckless driving with great bodily injury and felony reckless driving with Moderate Bodily Injury. MADD says those convicted could face between a $500 and $2,500 fine and/or up to five years imprisonment, and $500 to $1,000 and/or three years imprisonment.

Section 10: Offenders may be ordered to pay child if a caregiver is killed or disabled in a collision. This is also called “Bentley’s Law,” coined by MADD.

The South Carolina Department of Public Safety lists the state’s active laws and penalties related to DUI and impaired driving.

Here are a few:

Impaired driving:

• First offense: $400 fine and/or imprisonment from between 48 hours to 30 days, and driver’s license suspension for six months
• Second offense: $2,100 to $5,100 fine and imprisonment from five days to one year, and driver’s license suspension for one year
• Third offense: $3,800 to $6,300 fine and imprisonment from 60 days to three years and driver’s license suspension for two years for a third offense
  Suspension increases with each year of offense
  

Felony driving under the influence (causing great bodily injury or death):

• Great bodily injury: mandatory fine of between $5,100 to $10,100 and imprisonment between 30 days and 15 years
• Death: mandatory fine of $10,100 to $25,100 and imprisonment between one to 25 years

Preliminary crime trend statistics from the Charleston Police Department show a 31% increase in arrests for DUI, from 592 to 452, and 10 DUI fatal collisions, a 40.5% decrease from the five-year average of 16.8 each year.

Despite the decline, some believe the laws are not strict enough. MADD Regional Executive Director Steven Burritt calls this a “common sense” law to implement and believes the state is behind in its efforts to reduce impaired driving.

“What’s holding us back? What makes DUI enforcement and prosecution so much harder in South Carolina than other states? Senate Bill 52, I really do think, level the playing field while still absolutely protecting the rights of the accused. It does make it more balanced,” Burritt said. “People who are tired of seeing headline after headline of innocent lives lot, or people terribly injured for doing nothing other than trying to go to work or get home.”

South Carolina is ranked among the most fatal states for drunk driving incidents, MADD said. In 2022, the group reports that 43% of the state’s traffic fatalities were caused by drunk driving.

MADD will be advocating for S. 52 at the state house on Feb. 5.

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