South Carolina’s new DUI law took effect today

S.C.’s revised DUI laws went into effect today at noon. Below is a basic outline of the major changes, from a post in May of last year:

Revised penalties under the new 56-5-2930:
First offense: $400.00 or 48 hours to 30 days in jail, or 48 hours community service.
If the blood alcohol concentration (BAC) is .10 to .15: $500.00 or 72 hours to 30 days in jail, or 72 hours community service.
If the BAC is .16 or greater: $1000.00 or 30 days to 90 days, or 30 days community service.
Second offense: $2100.00 to $5100.00 and 5 days to 1 year in prison.
BAC of .10 to .15: $2100.00 to $5100.00 and 30 days to 2 years in prison.
BAC of .16 or greater: $3500.00 to $6500.00 and 90 days to 3 years in prison.
Third offense: $3800.00 to $6300.00 and 60 days to 3 years in prison.
BAC of .10 to .15: $5000.00 to $7500.00 and 90 days to 4 years in prison.
BAC of .16 or more: $7500.00 to $10,000.00 and 6 months to 5 years in prison.
Fourth or subsequent offense: 1 year to 5 years in prison.
BAC of .10 to .15: 2 years to 6 years in prison.
BAC of .16 or more: 3 years to 7 years in prison.
The jury makes the determination of what the BAC was, following a guilty verdict. If the jury does not reach a unanimous decision regarding the BAC, but does find that the accused is guilty, then the sentence is based on the non-enhanced penalties.
Another major change in the DUI law will be the deletion of the requirement that Miranda rights be read to the accused at the breath-testing site. Miranda must still be read to the accused on the roadside video, but not at the station.

The major changes are going to be in the penalties, which are now graduated based on BAC result. I’ll more of the details in the coming weeks, as time permits.

3 Responses to “South Carolina’s new DUI law took effect today

  • Javier Olivares
    10 years ago

    Greet

  • Javier Olivares
    10 years ago

    Great……

  • Mathewkey
    9 years ago

    The public offender may face the immediate loss of driving privileges, vehicle impoundment, fines, house arrest, local incarceration, and prison time, due to drunk driving accusations. While DUI lawyers have made headway in actual court cases, the number of drunk driving arrests have steadily climbed since the beginning of 1970s, thanks to newly implemented laws and programs.
    If you have been charged with a DUI you should seek legal help at once from DUI Lawyers

Leave a Reply

Your email address will not be published. Required fields are marked *