South Carolina is updating its DUI laws, and these changes could have a significant impact on drivers across the state. Senate Bill 52 (S.52) recently passed the Senate, aiming to strengthen DUI enforcement, penalties, and procedures.
The bill has passed the South Carolina Senate and must still pass the House and be signed by the Governor before becoming law. If enacted, the changes would take effect one year after signing.
Felony DUI for Moderate Bodily Injury
Under S.52, a DUI that causes “moderate bodily injury” is classified as a second-degree felony DUI. Penalties include:
- Fines: $3,000 to $6,000
- Prison: 90 days to 10 years
- Child Support Restitution: Courts may require offenders to pay child support if a parent or guardian is injured or killed, continuing until the child turns 18 or 19 if still in school
This change reflects South Carolina’s emphasis on accountability for serious DUI-related injuries.
Blood Alcohol Limits Remain the Same
The bill does not alter the legal alcohol limits:
- Drivers 21+: 0.08% BAC
- Underage drivers: 0.02% BAC
- Commercial drivers: 0.04% BAC
Stricter Penalties for First, Second, and Third Offenses
S.52 increases fines, jail time, and mandatory requirements.
| Offense | BAC | Current | Proposed |
| First | 0.08–0.15 | $400 OR 48h–30d | $500 AND/OR 72h–30d |
| 0.16+ | $400 OR 48h–30d | $1,000 AND/OR 30–90d | |
| Second | 0.08–0.15 | $2,100–$5,100 & 5d–1yr | $2,500–$5,500 & 30d–2yr |
| 0.16+ | $2,100–$5,100 & 5d–1yr | $3,500–$6,500 & 90d–3yr | |
| Third or Subsequent | 0.08–0.15 | $3,800–$6,300 & 60d–3yr | $5,000–$7,500 & 90d–4yr |
| 0.16+ | $7,500–$10,000 & 6mo–5yr | $7,500–$10,000 & 6mo–5yr |
Additional requirements:
- First offense fines cannot be suspended
- DUI victim impact panel attendance required
- Alcohol and Drug Safety Action Program enrollment within 30 days
- Offenders must pay program costs or complete 50 hours of community service
Courts may impose both fines and jail time.
Longer License Suspensions
S.52 increases suspension periods for test refusals and high BAC results.
| Offense | Refusal Suspension | BAC 0.15+ Suspension |
| First | 1 year | 2 months |
| Second | 2 years | 4 months |
| Third | 3 years | 6 months |
| Fourth+ | 4 years | 8 months |
Early reinstatement may be possible through the Ignition Interlock Device (IID) Program. The device must be installed within 30 days of enrollment, and drivers cannot later switch back to serving the suspension instead.
Expanded Testing and Evidence Collection
The bill broadens who may collect blood or urine samples:
- Licensed physicians
- Registered nurses
- Certified phlebotomists
- Emergency medical technicians
- Other trained medical personnel
Additional updates:
- Samples may be collected at any reasonable location
- Breath tests must be completed within 2 hours of arrest
- Additional chemical tests must be taken within 3 hours
- Hospital-only collection requirements are removed
Video Recording & Evidence Rule Changes
S.52 updates how video evidence is handled:
- Failure to produce video is not automatic grounds for dismissal
- Courts may accept “substantial compliance” if footage is incomplete
- Judges must review all relevant recordings before suppression decisions
- Multiple sources are recognized (dash cams, body cams, scene footage)
- Exceptions exist for emergencies or medical treatment
Alcohol Presumption Standards Modified
The bill revises how BAC levels are interpreted:
- 0.08% or higher: inference of impairment (unchanged)
- 0.05% or less: presumption removed
- 0.05%–0.08% range: intermediate provisions eliminated
These changes affect how chemical test results may be argued and interpreted in court.
How Austin McDaniel Law Can Help
South Carolina’s proposed Senate Bill 52 represents significant changes to DUI enforcement, penalties, and procedures. If you or a loved one is facing DUI charges, understanding the law and having experienced criminal defense counsel on your side is crucial.
Austin McDaniel Law in Anderson, SC, provides aggressive DUI defense for clients across the Upstate, including Greenwood, Clemson, Oconee, McCormick, and Abbeville. Contact us today for a free, confidential consultation to review your case and protect your rights.