Senate Bill S.52, a comprehensive piece of legislation intended to change the way the state handles cases of driving under the influence (DUI) and impaired driving, will soon be debated by the South Carolina Senate.
The 13 provisions of the measure, which was introduced by Senator Tom Davis of District 45, are intended to improve investigative techniques, bolster punishments, and provide assistance to victims and other impacted parties. If approved, the bill will create new punishments for careless driving that causes harm or death and greatly broaden the legal definition of DUI-related offenses.
Key Provisions of Senate Bill S.52
In order to fill in the loopholes in the current DUI regulations, the bill proposes the following changes:
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Increased Penalties for Convictions:
Section One authorizes judges to impose fines, incarceration, and mandatory attendance at DUI victim impact panels for those convicted. For DUI crashes, the group Mothers Against Drunk Driving (MADD) reports that judges could add up to $1,000 in fines and 180 days in jail. -
New Felony Charges:
Section Four establishes the offense of felony DUI, second degree, which applies when moderate bodily injury or significant property damage (over $25,000) occurs. Convicted individuals could face fines ranging from $3,000 to $6,000 and prison terms of 60 days to 10 years. -
Reckless Driving Offenses:
Section Nine introduces felony charges for reckless driving resulting in great or moderate bodily injury. Penalties include fines of $500 to $2,500 and up to five years in prison for great bodily injury, or fines of $500 to $1,000 and up to three years for moderate injury. -
Bentley s Law :
Section Ten allows courts to order child support payments from offenders whose actions result in the death or disability of a caregiver.
Current DUI Laws and Statistics
The current DUI laws in South Carolina already impose severe penalties for both felony and impaired driving offenses:
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First offense:
$400 fine, 48 hours to 30 days in jail, and a six-month license suspension. -
Second offense:
$2,100 to $5,100 fine, five days to one year in jail, and a one-year license suspension. -
Third offense:
$3,800 to $6,300 fine, 60 days to three years in jail, and a two-year license suspension.
Offenders who commit felony DUIs that result in grave bodily injury are subject to obligatory fines ranging from $5,100 to $10,100 as well as jail terms ranging from 30 days to 15 years. Fines rise to $10,100 to $25,100 in cases where a DUI causes death, and jail sentences range from one to twenty-five years.
South Carolina continues to rank among the states with the highest rates of drunk driving incidents in spite of these sanctions. According to MADD, drunk driving was the cause of 43% of highway fatalities in the state in 2022.
On February 5, MADD will support the bill’s approval at a statehouse event.
Senate Bill S.52, if passed, would be a major step in South Carolina’s efforts to improve road safety and reduce drunk driving.