The South Carolina Senate will soon debate Senate Bill S.52, a comprehensive piece of legislation aimed at overhauling how the state handles cases of driving under the influence (DUI) and impaired driving.
Introduced by Sen. Tom Davis of District 45, the bill includes 13 sections designed to strengthen penalties, improve investigative procedures, and offer support for victims and other affected parties. If passed, the legislation would significantly expand the legal framework surrounding DUI-related offenses and introduce new penalties for reckless driving that results in injury or death.
Key Provisions of Senate Bill S.52
The bill outlines a series of changes aimed at addressing gaps in current DUI laws:
- 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
South Carolina’s existing DUI laws already include substantial penalties for impaired driving and felony DUIs:
- 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.
For felony DUIs causing great bodily injury, offenders face mandatory fines of $5,100 to $10,100 and prison sentences of 30 days to 15 years. If a DUI results in death, fines increase to $10,100 to $25,100, with prison terms of one to 25 years.
Despite these penalties, South Carolina remains one of the most dangerous states for drunk driving incidents. In 2022, MADD reported that 43% of the state’s traffic fatalities were caused by impaired driving.
MADD will advocate for the bill’s passage during a statehouse event on Feb. 5.
If approved, Senate Bill S.52 would mark a significant step in South Carolina’s efforts to curb impaired driving and enhance public safety on its roads.
