Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Impaired Driving topic
No spam. Unsubscribe anytime.
Judiciary Committee advances broad DUI law changes, adds new felony category and modifies testing rules
Summary
The committee reported Senate Bill 52 favorably as amended after adding a felony DUI category for moderate bodily injury, updating video evidence rules, permitting blood testing for drug impairment at licensed facilities, and adjusting ignition-interlock timing and administrative processes.
The House Judiciary Committee on Wednesday voted to report Senate Bill 52 favorably as amended, advancing a multi-part overhaul of South Carolina's impaired-driving laws.
Representative Johnson, explaining the subcommittee report, said the amendment keeps the goal of strengthening impaired-driving laws while narrowing or removing a number of the Senate's original, broader provisions. The committee retained a new felony category for cases that cause moderate bodily injury, lowered the proposed maximum penalty in one felony provision (from 10 to five years), and preserved mandatory minimum fines in certain sections.
The committee also modernized video-evidence rules for traffic stops: multiple camera sources can be used and judges are directed to consider all video evidence; recording of Miranda warnings must "reasonably document" advisement rather than require a verbatim camera record. The panel addressed the growing incidence of drug-impaired driving by permitting blood testing when probable cause exists and limiting blood draws to licensed medical facilities rather than roadside sampling.
Representatives debated ignition-interlock device (IID) timing and administrative hearing procedures. An amendment by Representative Britton tied IID installation to administrative-hearing outcomes and maintained that repeat offenders would face IID requirements. Representative Rose's amendment clarified that time a defendant has an IID installed before a final suspension determination should count toward any required period. Those amendments were adopted.
Members also passed technical fixes to ensure DUAC and felony-DUI offenses are captured by child-endangerment enhancements, removed an impractical training certification requirement, and extended the statutory effective date to give agencies a full year after the governor's signature to implement changes.
One point of contention was whether blood draws at licensed medical facilities should be videotaped. Supporters said tape provides clear evidence of proper procedure; opponents raised HIPAA and hospital-cooperation concerns. The committee removed a statutory videotaping requirement for hospital blood draws but retained strengthened video-evidence rules for stops and in-person recordings where feasible.
After the amendment process the committee recorded a favorable report by roll call: 22 in favor, 0 opposed, and 3 not voting. The measure will move toward the House floor with the adopted technical and programmatic changes.
The committee's action packages include several implementation steps for agencies and potential new training and costs tied to IID installation and monitoring; members noted estimated monthly costs for IID participation could be around $100'$120 per month depending on vendor and an approximate $300 installation fee.
