In a decisive 45–0 vote held earlier this week, the South Carolina Senate passed Senate Bill 52, a comprehensive legislative package designed to overhaul the state’s approach to driving under the influence. The reform comes as state officials move to address high rates of impaired driving and an annual arrest count that exceeded 16,000 last year.
The legislation introduces tiered penalties based on blood-alcohol concentration (BAC), creates new felony categories for moderate injuries, and expands the pool of personnel authorized to collect blood samples. The bill also establishes a legal framework for courts to order DUI offenders to pay child support in cases where a parent or guardian is killed or permanently disabled.
Escalated Penalties and BAC Tiers
The bill significantly increases the financial and custodial consequences for first and second offenses. Under the new guidelines, a first-offense DUI conviction now carries a $500 fine and a minimum of 72 hours in jail, representing a 25% increase from previous minimums. Judges also gain the authority to impose both a fine and imprisonment simultaneously, a shift from previous standards.
A major structural change involves the introduction of BAC tiers:
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BAC 0.10–0.15: Results in a $500 fine or 72 hours to 30 days in jail.
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BAC 0.16 or higher: Elevates the penalty to a $1,000 fine and a prison term ranging from 30 to 90 days.
Second-offense penalties have been similarly bolstered, with potential prison terms increasing to a range of 30 days to two years. For high-BAC second offenders, fines can reach $6,500 with up to three years of imprisonment.
Enforcement and Rural Access
To combat porous enforcement in rural areas, the bill expands the list of medical professionals authorized to perform blood draws at the scene. In addition to physicians and nurses, certified phlebotomists and emergency medical technicians (EMTs) may now collect samples, a move intended to streamline the collection of evidence.
License suspensions for refusing a breathalyzer or blood test have also been extended. A first-time refusal now triggers a one-year suspension, up from six months, while a fourth refusal can result in a four-year loss of driving privileges.
Victim Remedies and New Felony Categories
The legislation creates a new second-degree felony for DUI incidents resulting in moderate bodily injury or property damage exceeding $25,000. These offenses are punishable by up to 10 years in prison. This fills a gap between minor traffic charges and the state’s existing felony DUI for great bodily injury or death.
The bill also introduces a child-support restitution mandate. Courts may now order offenders to provide financial support for the children of victims who were killed or disabled by the offender’s actions. These payments continue until the child reaches age 18, or age 19 if they remain enrolled in high school.
Systemic Changes to Prosecution
SB 52 seeks to level the playing field in courtrooms by increasing prosecutorial resources. The law triples the number of assistant solicitors per circuit to three and establishes centralized magistrate DUI courts. Circuit solicitors are now required to handle even first- and second-offense cases, moving away from previous practices where police officers often prosecuted their own traffic cases.
Following the Senate’s unanimous approval, the bill now moves to the House of Representatives. Supporters hope the legislation will reach the Governor’s desk before the current session concludes in May.
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