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South Carolina

Felony DUI

Third offense

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.16

DUI Look-back Periods

Ten years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

Habitual Offender Law Enacted

Drug Evaluation and Classification Program

51-100 DREs

DUI Courts - Standalone

No DUI Courts

DUI Courts - Hybrid

No Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Non-psychoactive Medical Cannabis (i.e., Cannabidiol - CBD)

DUID: Implied Consent Testing Methods

Blood and urine

DUID Affirmative Defense

No affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

Underage Drinking Legislation

Ignition Interlocks

Mandatory repeat offender

Electronic Warrants (E-warrants) Authorization

Court Rule/Order

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

No Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Lacks authorization

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

56-5-2950 Learn More
A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs.

Blood

Yes in limited circumstances
56-5-2950 -Learn More
At the direction of the arresting officer, the person first must be offered a breath test to determine the person’s alcohol concentration. If the person is physically unable to provide an acceptable breath sample because the person has an injured mouth, is unconscious or dead, or for any other reason considered acceptable by the licensed medical personnel, the arresting officer may request a blood sample to be taken.
56-5-2946
Notwithstanding any other provision of law, a person must submit to either one or a combination of chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol, drug, or a combination of alcohol and drugs if there is probable cause to believe that the person violated or is under arrest for a violation of Section 56-5-2945.
56-5-2945
Felony DUI resulting in Great Bodily Injury or Death

Urine

Yes - 56-5-2950 - Learn More
A breath test must be administered at the direction of a law enforcement officer who arrested a person for driving under the influence of alcohol, drugs, or a combination of alcohol and drugs. At the direction of the arresting officer, the person first must be offered a breath test to determine the person’s alcohol concentration. . . . If the officer has reasonable suspicion that the person is under the influence of drugs other than alcohol, or is under the influence of a combination of alcohol and drugs ,the officer may order that a urine sample be taken for testing

Oral Fluids

No

Other

Yes
Breath - A breath test must be administered at the direction of a law enforcement officer who arrested a person for driving under the influence of alcohol, drugs, or a combination of alcohol and drugs. At the direction of the arresting officer, the person first must be offered a breath test to determine the person’s alcohol concentration.

DUI Statutes

Drugs

56-5-2930 Learn More
It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired.

Combined/Multiple Substance

 56-5-2930 Learn More
It is unlawful for a person to drive a motor vehicle within this State while under the influence of alcohol to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired, or under the combined influence of alcohol and any other drug or drugs or substances which cause impairment to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

56-5-2950(B) Learn More
(B) No tests may be administered or samples obtained unless, upon activation of the video recording equipment and prior to the commencement of the testing procedure, the person has been given a written copy of and verbally informed that:
(1) he does not have to take the test or give the samples, but that his privilege to drive must be suspended or denied for at least six months if he refuses to submit to the test and that his refusal may be used against him in court;
(2) his privilege to drive must be suspended for at least one month if he takes the test or gives the samples and has an alcohol concentration of fifteen one-hundredths of one percent or more;
(3) he has the right to have a qualified person of his own choosing conduct additional independent tests at his expense;
(4) he has the right to request an administrative hearing within thirty days of the issuance of the notice of suspension; and
(5) if he does not request an administrative hearing or if his suspension is upheld at the administrative hearing, he must enroll in an Alcohol and Drug Safety Action Program.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

Yes

Length/Time of Restriction

Six to fifteen months (See § 56-5-2951(I)(2)(c) )

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

Yes
Any South Carolina resident convicted of a DUI first with a BAC of .15% or greater or a second or subsequent Driving Under the Influence (DUI) offense is required to have a device installed if they want to drive.

Other Drugs

No Data Available

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available

Cannabis Per Se Statute

No Data Available

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

56-5-2930(H) Learn More
A person convicted of violating this section (DUI), whether for a first offense or subsequent offense, must enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. An assessment of the extent and nature of the alcohol and drug abuse problem of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant successfully has completed the services. The applicant must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment. The Department of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost may not exceed five hundred dollars for education services, two thousand dollars for treatment services, and two thousand five hundred dollars in total for all services.

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

56-5-2930 Learn More
First offense: Fine of $400 or imprisonment for a period of not less than 48 hours or more than 30 days. Or minimum of 48 hours of public service. Required to complete an Alcohol and Drug Safety Action Program.
Second offense: Fine of not less than $2,100 but not more than $5,100 and imprisonment for a period of not less than 5 days but not more than 1 year. Required to complete an Alcohol and Drug Safety Action Program.
Third offense: Fine of not less than $3,800 but not more than $6,300 and imprisonment for a period of not less than 60 days or more than 3 years. Required to complete an Alcohol and Drug Safety Action Program.
Fourth and subsequent offense: Imprisonment for not less than 1 year nor more than 5 years and required to complete an Alcohol and Drug Safety Action Program.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

Yes

Penalties for Multiple Substance/Multiple Substance Impaired Driving

First offense: Fine of $400 or imprisonment for a period of not less than 48 hours or more than 30 days. Or minimum of 48 hours of public service. Required to complete an Alcohol and Drug Safety Action Program.
Second offense: Fine of not less than $2,100 but not more than $5,100 and imprisonment for a period of not less than 5 days but not more than 1 year. Required to complete an Alcohol and Drug Safety Action Program.
Third offense: Fine of not less than $3,800 but not more than $6,300 and imprisonment for a period of not less than 60 days or more than 3 years. Required to complete an Alcohol and Drug Safety Action Program.
Fourth and subsequent offense: Imprisonment for not less than 1 year nor more than 5 years and required to complete an Alcohol and Drug Safety Action Program.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

56-5-2947 Learn More
Child Endangerment
(A) A person eighteen years of age or over is guilty of child endangerment when:
(1) the person is in violation of:

(b) Section 56-5-2930 (DUI Statutes);

and
(2) the person has one or more passengers under sixteen years of age in the motor vehicle when the violation occurs. If more than one passenger under sixteen years of age is in the vehicle when a violation of subsection (A)(1) occurs, the person may be charged with only one violation of this section.

Statutes with THC Listed as Delta 8, 9, 10, or 11

Section 44-53-110 Learn More
Tetrahydrocannabinols are referenced here.

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

None
South Carolina is a medical CBD state

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

None

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

 To a minor or within a 1/2 mile of a school, playground, or public park the crime is a felony with imprisonment up to 10 years and fine of up to $10,000. (See 44-53-445 and 16-17-490) (Note that there are no legal retailers of cannabis and no legal sales of cannabis to anyone in South Carolina. Fortunately, all possession or distribution of Marijuana is still illegal.)

Other

No Data Available