On the first day of the new legislative session, South Carolina senators began work on Senate Bill 52, a comprehensive DUI reform package aimed at overhauling state statutes that critics describe as flawed. The legislative push comes in response to data from 2024 indicating that South Carolina leads the nation in drunk driving fatalities.
Advocacy groups, including Mothers Against Drunk Driving (MADD), are urging the General Assembly to fast-track the bill, arguing that current legal gaps frequently allow impaired drivers to avoid accountability for their actions.
One of the most significant changes in the proposed legislation addresses how video evidence is handled in court. Under current laws, entire DUI charges can be dismissed due to minor technical issues or partial gaps in body camera or dash camera footage.
Senate Bill 52 introduces the following procedural shifts:
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Cumulative Evidence: Allows various video sources to be used together to build a case rather than relying on a single, perfect recording.
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Limited Dismissals: Prevents judges from throwing out a case solely because of minor procedural issues with video recording, provided the overall evidence remains substantial.
The bill seeks to impose stricter consequences both during and after a DUI arrest. A key provision targets drivers who refuse to take a breathalyzer test. Currently, these drivers may face license suspension, but the new law would require them to install an ignition interlock device on their vehicles while awaiting trial.
| Provision | Impact of Senate Bill 52 |
| Breathalyzer Refusal | Mandatory ignition interlock device during the pre-trial phase. |
| Serious Injury | Establishes specific new felony penalties for causing grave harm while impaired. |
| Family Restitution | Courts may order child support-style payments for children whose parents are killed or disabled by a DUI offender. |
| Surety Bonds | Higher bond requirements for second and subsequent offenses. |
During committee discussions on Tuesday, lawmakers debated amendments that would prevent repeat offenders from pleading down to lesser charges. While supporters believe this ensures strict accountability, some legislators expressed concern that it could remove vital flexibility for prosecutors.
Critics of the amendment noted that if evidence for a second or third offense is not ironclad, the inability to offer a plea deal might force prosecutors to dismiss a case entirely rather than securing a conviction on a lesser charge.
The bill has advanced through the initial subcommittee and will now be considered by the full Senate Judiciary Committee. If approved by the Senate, the legislation will move to the House of Representatives for further deliberation before reaching the governor’s des
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