Current Status Introducing Body:House Bill Number:3292 Primary Sponsor:Fair Committee Number:25 Type of Legislation:GB Subject:DUI, blood alcohol content level Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/4086AL.93 Introduced Date:19930128 Last History Body:House Last History Date:19930128 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Fair Snow Simrill Fulmer Cato Gamble Stone Meacham A. Young Wilkins Haskins Wells Clyborne Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3292 House 19930128 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF THE BLOOD OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC ROADS OF THIS STATE, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON'S BLOOD USED TO CREATE PRESUMPTIONS WHICH MUST BE USED IN DETERMINING THE GUILT OF PERSONS VIOLATING THE PROVISIONS OF SECTION 56-5-2930 AND PROVIDE THAT IT MUST BE INFERRED THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2950(b)(1), (2), and (3) of the 1976 Code are amended to read:
"(1) If there was at that time five three one-hundredths of one percent or less by weight of alcohol in the person's blood, it is conclusively presumed conclusively that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five three one-hundredths of one percent but less than ten eight one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person.
(3) If there was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, it may must be inferred that the person was under the influence of alcohol."
SECTION 2. This act takes effect ninety days after approval by the Governor.