Subcommittee tightens DUI reform bill: blood testing authorized with safeguards, videotaping rules clarified, interlock and expungement changes adopted

The subcommittee spent the bulk of its meeting considering and adopting multiple amendments to Senate Bill 52, a 44‑page DUI reform measure. Committee members described a package that creates a middle felony tier for moderate bodily injury, tightens evidentiary rules for video recordings, and expands officers’ ability to obtain blood samples under specified safeguards.

Representative Robbie Robbins led explanation of a comprehensive amendment (Robbins amendment #1) that removes an undefined 'bodily injury' subsection, adds a moderate bodily‑injury tier in the felony DUI framework, clarifies victim‑impact panel rules to allow in‑person or online panels approved by the Office of Substance Use Services, and strips or delays provisions that would have inserted circuit solicitors into certain summary‑court roles. Robbins said the changes aim to align elements and penalties with federal law where appropriate while avoiding unintended administrative burdens on DMV and courts.

Robbins also introduced amendment #2 to permit blood testing in specified circumstances. As amended, the bill allows blood draws (substituting blood for urine in described sections) when supported by probable cause and requires testing by qualified personnel — an advanced roadside impairment detection and enforcement officer or a certified drug‑recognition expert — and, where current law requires it, at a medical facility. Robbins emphasized safeguards and chain‑of‑custody procedures; members discussed alternatives such as affidavits or body‑cam footage to limit hospital testimony burdens. Amendment #2 was adopted.

Amendment #3 clarified videotaping rules for admissibility: recordings made in law‑enforcement vehicles or on body‑worn cameras may be offered into evidence, a defendant need not be continuously in full view of the camera, and drug recognition examinations were explicitly added to the evidentiary list. Robbins said the change codifies recent court decisions and reduces motions that previously led to suppressed video evidence. The committee adopted the videotaping amendment.

Representative Seth Rose offered a slate of amendments the committee adopted: an expungement provision making a first DUI eligible for expungement after a 10‑year period without subsequent convictions (Rose amendment #1); a provision allowing ignition‑interlock devices installed out of state to meet South Carolina requirements if the device and provider are SLED‑/Department‑certified and the installation is properly documented (Rose amendment #2); and an administrative fix permitting a defendant to file an affidavit to request an administrative hearing when the notice of suspension form was not handed to the defendant or is otherwise missing from DMV records (Rose amendment #3). Members said the affidavit option addresses routine paperwork losses during jail processing.

Representative Bailey successfully proposed an amendment directing the Offices of Substance Abuse Services and Motor Vehicles to conduct a feasibility study on educational materials for driver‑license applicants, with a report due by Feb. 28, 2027. Robbins later withdrew a proposed change to the commercial‑driver‑license section and the committee preserved the Senate language on section 19.

Robbins summarized what he characterized as three major improvements: (1) adding a moderate bodily‑injury felony tier, (2) clarifying videotaping statutory requirements to reduce suppression litigation, and (3) enabling blood draws with added safeguards as THC‑ and drug‑driving issues evolve. After debate and the recorded voice votes on adopted amendments, the subcommittee ordered a roll call and reported Senate Bill 52 favorably as amended. The chair directed staff to provide copies of the adopted amendments and adjourned the meeting.