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Senate advances package of DUI changes, creates new third-degree offenses and tightens interlock rules
Summary
The South Carolina Senate adopted a series of amendments to pending DUI legislation, including new third-degree DUI and DUAC offenses carrying increased fines and jail time, a 90-day ignition-interlock requirement tied to temporary licenses, and a mechanism for convicted people to petition to remove a "violent" designation at sentencing.
The South Carolina Senate on Monday moved forward a sweeping set of amendments to DUI-related legislation, creating new third-degree offenses for DUI and for driving with unlawful alcohol concentration that causes injury, tightening administrative license restrictions and adding procedural provisions for victims.
Senator Walker, explaining the core change, said the bill "creates a new DUI charge" and that the third-degree offense would be "punishable by up to 1 year imprisonment, as well as a fine, a minimum fine rather of $2,000 and up to a maximum fine of 5,000" and placed in General Sessions court. The chamber adopted that amendment by voice vote.
Why it matters: sponsors said the changes are designed to capture a substantial share of DUI cases that now remain at lower-level courts and to create penalties commensurate with bodily-injury incidents. During debate senators also pressed for guardrails to protect due-process rights and occupational drivers.
The Senate also adopted an amendment creating a parallel third-degree DUAC offense for accidents producing injury with comparable penalties. Another amendment requires that, when a person refuses a DataMaster breath test and applies for a temporary alcohol license, the license include an ignition-interlock device restriction for the first 90 days; the hearing process at the Office of Motor Vehicle hearings remains available afterward.
Several senators questioned the IID policy's fairness and cost. "It's pricey," said a senator, noting the commonly cited figure of about "$300 a month" and that the first 90 days could cost roughly $900. Senators asked how lengthy administrative hearings (often 90–180 days in some counties) and occupational driving needs would interact with an IID mandate; sponsor Walker said the rule was meant to balance public safety with due process and that the 90-day period could be revisited.
The body also approved language allowing judges to retain discretion on bond and permitting people convicted before the law's effective date to petition at sentencing to have a "violent" designation removed — a change intended to restore access to certain work and rehabilitative programs and professional licensing for some convictions. Senator McGehee framed that change as preserving judicial discretion and enabling petitioning at sentencing while acknowledging the U.S. Supreme Court's case law that treats violent crimes as intent-based offenses.
Other technical changes adopted included limiting when the state may charge nominal fees for compelled testimony by state experts (only if the defendant has summoned that witness) and making attendance at DUI victim-impact panels mandatory; sponsors said most victim-impact offerings are available online.
What’s next: senators carried some amendments for further drafting and discussion to address phrasing and operational concerns; leadership suggested staff reconcile changes and return to the bill on Tuesday to complete remaining amendments.
Direct quotes are from senators’ floor remarks during today's session.
