Current Status Introducing Body:Senate Bill Number:1267 Primary Sponsor:Waldrep Committee Number:11 Type of Legislation:GB Subject:Drug-related vehicle offenses Residing Body:Senate Current Committee:Judiciary Computer Document Number:1267 Introduced Date:19940316 Last History Body:Senate Last History Date:19940316 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Waldrep Hayes Stilwell Richter Reese Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1267 Senate 19940316 Introduced, read first time, 11
referred to Committee
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TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT OF THE OPERATOR OF A MOTOR VEHICLE TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT AN OFFICER MAY ALSO ORDER A BLOOD SAMPLE IF HE HAS REASONABLE GROUNDS TO BELIEVE THAT A PERSON IS UNDER THE INFLUENCE OF DRUGS OTHER THAN, OR IN ADDITION TO, ALCOHOL AND TO PROVIDE THAT WHEN A BREATHALYZER READING IS TEN ONE-HUNDREDTHS OF ONE PERCENT BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD OR ABOVE, AN OFFICER MAY ORDER, AS ADDITIONAL TESTS, BLOOD OR URINE TESTS IF HE HAS REASONABLE GROUNDS TO BELIEVE THAT THE PERSON IS ALSO UNDER THE INFLUENCE OF DRUGS OTHER THAN ALCOHOL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The first paragraph of Section 56-5-2950(a) of the 1976 Code is amended to read:
"(a) Any person who operates 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 if arrested for any offense arising out of acts alleged to have been committed while the person was operating a motor vehicle while under the influence of alcohol, drugs, or a combination of them. Any test must be administered at the direction of a law enforcement officer who has apprehended a person for operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, dead, or for any other reason considered acceptable by the licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than, or in addition to, alcohol, the officer may order that a blood or urine sample be taken for testing. If the breathalyzer reading is ten one-hundredths of one percent by weight of alcohol in the person's blood or above, the officer may not require additional tests of the person as provided in this chapter, except when the officer has reasonable grounds to believe that the person is also under the influence of drugs other than alcohol. In that case, the officer may also order that a blood or urine sample be taken for testing. The breath test must be administered by a person trained and certified by SLED, using methods approved by SLED. The arresting officer may not administer the tests. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for ninety days if he refuses to submit to the tests."
SECTION 2. This act takes effect upon approval by the Governor.