South Carolina 126th General Assembly Status: Introduced

S 0052 — A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-2930, RELATING TO OPERATING MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO AMEND THE PENALTY PROVISIONS TO PERMIT SENTENCES OF BOTH FINES AND INCARCERATION AND TO REQUIRE CONVICTED PERSONS TO ATTEND DUI VICTIM IMPACT PANELS; BY AMENDING SECTION 56-5-2933, RELATING TO DRIVING WITH UNLAWFUL ALCOHOL CONCENTRATIONS, SO AS TO PERMIT SENTENCES OF BOTH FINES AND INCARCERATION AND TO REQUIRE CONVICTED PERSONS TO ATTEND DUI VICTIM IMPACT PANELS; BY AMENDING SECTION 56-5-2941, RELATING TO IGNITION INTERLOCK DEVICES, SO AS TO DELETE THE PROVISION THAT PROVIDES NOTHING IN THE SECTION REQUIRES INSTALLATION OF IGNITION INTERLOCK DEVICES PRIOR TO CONTESTED CASE HEARINGS; BY AMENDING SECTION 56-5-2945, RELATING TO THE OFFENSE OF FELONY DRIVING UNDER THE INFLUENCE, SO AS TO CREATE THE OFFENSE OF FELONY DRIVING UNDER THE INFLUENCE SECOND DEGREE, ESTABLISH PENALTIES, AND DEFINE THE TERM "MODERATE BODILY INJURY"; BY AMENDING SECTION 56-5-2947, RELATING TO CHILD ENDANGERMENT, SO AS TO INCLUDE THE OFFENSES OF RECKLESS VEHICULAR HOMICIDE AND RECKLESS DRIVING AS VIOLATIONS SUBJECT TO A CHARGE OF CHILD ENDANGERMENT; BY AMENDING SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO REVISE THE CIRCUMSTANCES, PROCEDURES TO BE FOLLOWED, AND TEST SITES THAT CAN BE USED WHEN PERSONS ARE SUBJECTED TO TESTS FOR ALCOHOL OR DRUGS, TO PROVIDE THAT LABORATORY TECHNICIANS, PHLEBOTOMISTS, AND EMERGENCY MEDICAL TECHNICIANS MAY OBTAIN BLOOD OR URINE SAMPLES, TO REVISE THE PERIOD OF SUSPENSIONS OF DRIVING PRIVILEGES THAT MUST BE IMPOSED FOR FAILURE IF PERSONS REFUSE TO BE TESTED AND IF PERSONS HAVE CERTAIN ALCOHOL CONCENTRATIONS, TO REVISE THE PROVISION THAT ESTABLISHES ALCOHOL CONCENTRATIONS, AND TO DELETE THE PROVISION RELATING TO PERSONS INCAPABLE OF REFUSING TO CONSENT TO TESTS; BY AMENDING SECTION 56-5-2951, RELATING TO SUSPENSION OF LICENSES FOR REFUSAL TO SUBMIT TO TESTING OR FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATIONS, SO AS TO PROVIDE THAT PERSONS ISSUED LICENSE SUSPENSIONS MAY INSTALL IGNITION INTERLOCK DEVICES WITHIN THIRTY DAYS AND OBTAIN TEMPORARY DRIVERS' LICENSES WITH IGNITION INTERLOCK RESTRICTIONS, AND TO PROVIDE THAT PERSONS WHO REFUSE TO SUBMIT TO CHEMICAL TESTS MUST HAVE THEIR DRIVERS' LICENSES SUSPENDED FOR ONE YEAR FOR A FIRST OFFENSE, AND TO PROVIDE INCREASED SUSPENSIONS FOR SUBSEQUENT OFFENSES, OR IF PERSONS TAKE THE TESTS AND REGISTER ALCOHOL CONCENTRATIONS OF OVER FIFTEEN ONE-HUNDREDTH OF ONE PERCENT OR MORE, THAT THEIR LICENSES ARE SUSPENDED FOR TWO MONTHS; BY AMENDING SECTION 56-5-2953, RELATING TO INCIDENT SITES AND BREATH TEST SITES FOR VIDEO RECORDING, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION MAY BE CONSTRUED TO COMPEL OR AUTHORIZE A DISMISSAL OF A DUI OFFENSE IF THE OFFICERS SUBSTANTIALLY COMPLY WITH THE STATUTE AND THAT MOTIONS FOR SUPPRESSION OF EVIDENCE UNDER THE STATUTE MUST BE MADE PRIOR TO JEOPARDY ATTACHING; BY AMENDING SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO CREATE THE OFFENSES OF FELONY RECKLESS DRIVING WITH GREAT BODILY INJURY AND RECKLESS DRIVING RESULTING IN MODERATE BODILY INJURY AND TO ESTABLISH PENALTIES; BY ADDING SECTION 56-5-2960 SO AS TO PROVIDE THAT PERSONS CONVICTED OF FELONY DRIVING UNDER THE INFLUENCE CAUSING THE DEATH OR DISABILITY OF PARENTS OR GUARDIANS MAY BE ORDERED TO PAY CHILD SUPPORT AS RESTITUTION FOR THE DURATION OF ANY PROBATION ORDERED, PERFORM COMMUNITY SERVICE, OR BOTH; BY AMENDING SECTION 56-1-286, RELATING TO THE SUSPENSION OF LICENSES OR PERMITS OR THE DENIAL OF ISSUANCE OF LICENSES OR PERMITS TO PERSONS UNDER THE AGE OF TWENTY-ONE WHO DRIVE MOTOR VEHICLES WITH CERTAIN ALCOHOL CONCENTRATIONS, SO AS TO PROVIDE THAT PERSONS ISSUED NOTICES OF SUSPENSIONS MAY OBTAIN TEMPORARY LICENSES WITH IGNITION INTERLOCK RESTRICTIONS; AND BY AMENDING SECTION 56-1-400, RELATING TO THE SURRENDER OF LICENSES, SO AS TO REMOVE THE PROVISION THAT NOTHING IN THIS SECTION REQUIRES PERSONS OBTAIN IGNITION INTERLOCKS UNLESS THE OFFENSES ARE ALCOHOL RELATED.

Last action — Debate adjourned

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the Senate. Introduced December 11, 2024. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Prognosis

Not enough signal yet

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill updates penalties and procedures for driving under the influence offenses in South Carolina.

This legislation changes penalties for DUI offenses, requiring fines, incarceration, and attendance at victim impact panels. It also establishes new offenses related to reckless driving and alters testing and license suspension procedures for those convicted.

What this means for you
  • Workers: Workers could face stricter penalties if convicted of DUI, potentially affecting employment.
  • Families: Families of victims may see increased accountability for DUI offenders.

Summary

Driving under the influence

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends existing laws related to DUI offenses in South Carolina by enhancing penalties and specific requirements for convicted individuals.

  • Section 56-5-2930

    four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days then the person must be punished by a fine of five hundred dollars or imprisonment for not less than seventy-two hours nor more than thirty days, or both. The fine may not be suspended, Howeverhowever, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. → five hundred dollars or imprisonment for not less than seventy-two hours nor more than thirty days, or both. The fine may not be suspended. However, in lieu of the seventy-two hour minimum imprisonment, the court may provide for seventy-two hours of public service employment.

    The penalty for a first DUI offense is increased to a minimum of seventy-two hours of imprisonment or public service.

  • Section 56-5-2930

    If the person's alcohol concentration is less than sixteen one-hundredths of one percent, then the person must be punished by a fine of five hundred dollars or imprisonment for not less than seventy-two hours nor more than thirty days. → However, in lieu of the seventy-two hour minimum imprisonment, the court may provide for seventy-two hours of public service employment.

    A new provision allows a minimum sentence of public service for individuals with less than a specified alcohol concentration.

  • Section 56-5-2930

    If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of one thousand dollars or imprisonment for not less than thirty days nor more than ninety days. → However, in lieu of the thirty-day minimum imprisonment, the court may provide for thirty days of public service employment.

    Allows the court to substitute a minimum of thirty days imprisonment with public service for high alcohol concentration offenses.

  • Section 56-5-2945

    to create the offense of felony driving under the influence second degree, establish penalties, and define the term 'moderate bodily injury';

    Establishes a new offense of second-degree felony DUI with specific definitions and penalties.

  • Section 56-5-2947

    to include the offenses of reckless vehicular homicide and reckless driving as violations subject to a charge of child endangerment;

    Expands child endangerment charges to include more severe DUI-related offenses.

  • Section 56-5-2950

    to provide that laboratory technicians, phlebotomists, and emergency medical technicians may obtain blood or urine samples;

    Allows additional medical professionals to collect blood or urine samples for DUI testing.

  • Section 56-5-2951

    to provide that persons issued license suspensions may install ignition interlock devices within thirty days and obtain temporary drivers' licenses with ignition interlock restrictions;

    Introduces the option for individuals facing license suspensions to quickly install interlock devices and secure temporary driving permits.

  • Section 56-5-2951

    to provide that persons who refuse to submit to chemical tests must have their drivers' licenses suspended for one year for a first offense, and to provide increased suspensions for subsequent offenses, or if persons take the tests and register alcohol concentrations of over fifteen one-hundredth of one percent or more, that their licenses are suspended for two months;

    Imposes stricter penalties for refusing chemical tests, including longer suspension periods.

  • Section 56-5-2953

    that nothing in this section may be construed to compel or authorize a dismissal of a DUI offense if the officers substantially comply with the statute.

    Clarifies that minor non-compliance by officers does not justify dismissing DUI charges.

  • Section 56-5-2920

    to create the offenses of felony reckless driving with great bodily injury and reckless driving resulting in moderate bodily injury and to establish penalties;

    Creates new felony classifications for reckless driving resulting in bodily harm.

  • Section 56-5-2960

    that persons convicted of felony driving under the influence causing the death or disability of parents or guardians may be ordered to pay child support as restitution;

    Allows courts to order felons causing injury or death to pay child support, aiming for accountability.

Action History

  1. Debate adjourned

  2. Roll call Ayes-23 Nays-13 (Senate Journal-page 127)

  3. Free conference powers rejected (Senate Journal-page 127)

  4. Conference committee appointed JE Johnson, Robbins, Rose (House Journal-page 206)

  5. Senate insists upon amendment and conference committee appointed Hembree, Adams, Tedder (Senate Journal-page 17)

  6. Roll call Yeas-0 Nays-115 (House Journal-page 78)

  7. Non-concurrence in Senate amendment (House Journal-page 76)

  8. Debate adjourned (House Journal-page 105)

  9. Scrivener's error corrected

  10. Read third time and returned to House with amendments (Senate Journal-page 20)

  11. House amendment amended (Senate Journal-page 20)

  12. Scrivener's error corrected

  13. Read third time and returned to Senate with amendments (House Journal-page 2)

  14. Scrivener's error corrected

  15. Unanimous consent for third reading on next legislative day (House Journal-page 117)

  16. Roll call Yeas-108 Nays-0 (House Journal-page 115)

  17. Read second time (House Journal-page 88)

  18. Amended (House Journal-page 88)

  19. Committee report: Favorable with amendment Judiciary (House Journal-page 177)

  20. Referred to Committee on Judiciary (House Journal-page 10)

  21. Introduced and read first time (House Journal-page 10)

  22. Read third time and sent to House (Senate Journal-page 16)

  23. Amended (Senate Journal-page 16)

  24. Roll call Ayes-45 Nays-0 (Senate Journal-page 14)

  25. Read second time (Senate Journal-page 14)

  26. Amended (Senate Journal-page 14)

  27. Debate interrupted (Senate Journal-page 17)

  28. Amended (Senate Journal-page 17)

  29. Scrivener's error corrected

  30. Debate interrupted

  31. Amended

  32. Debate interrupted (Senate Journal-page 21)

  33. Amended (Senate Journal-page 21)

  34. Debate interrupted (Senate Journal-page 30)

  35. Committee Amendment Adopted (Senate Journal-page 30)

  36. Roll call Ayes-40 Nays-1 (Senate Journal-page 16)

  37. Special order, set for January 15, 2026 (Senate Journal-page 16)

  38. Committee report: Favorable with amendment Judiciary (Senate Journal-page 15)

  39. Referred to Committee on Judiciary (Senate Journal-page 48)

  40. Introduced and read first time (Senate Journal-page 48)

  41. Referred to Committee on Judiciary

  42. Prefiled

Sponsors

Sponsorship breakdown

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1 sponsors · 18 co-sponsors · 151 not signed on

Sponsors (1)

Co-sponsors (18)

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does S 0052 do?
Driving under the influence
Who sponsors S 0052?
S 0052 is sponsored by Senator Michael Johnson, Senator Overture Walker, Senator Jeff Zell, Senator Billy Garrett, Senator Daniel B. "Danny" Verdin III, Senator Thomas C. Alexander, Senator Kent M. Williams, Senator Allen Blackmon, Senator Ed Sutton, Senator Josh Kimbrell, Senator Ross Turner, Senator Brian Adams, Senator Wes Climer, Senator Tameika Isaac Devine, Senator Darrell Jackson, Senator Lawrence K. "Larry" Grooms, Senator Michael W. Gambrell, Senator Richard J. Cash, and Senator Tom Davis.
What is the current status of S 0052?
This bill has been introduced in the Senate. Introduced December 11, 2024. It must pass committee before a floor vote.
Where can I track S 0052?
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