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April 20, 1999
Introduced by Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, Ravenel, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman
S. Printed 4/20/99--S.
Read the first time March 2, 1999.
To whom was referred a Bill (S. 544), to amend Section 56-5-2930, as amended, Code of Laws of South Carolina, 1976, relating to the prohibition against operating a motor vehicle while under the influence of alcohol, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
Majority favorable. Minority unfavorable.
THOMAS L. MOORE ROBERT FORD
For Majority. For Minority.
TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2930 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"Section 56-5-2930. It is unlawful for a person to drive a motor vehicle within this State while
(1) under the influence of alcohol to the extent that the person's faculties to drive are materially and appreciably impaired;
(2) 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 are materially and appreciably impaired;
(3) 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 are materially and appreciably impaired; or
(4) his alcohol concentration is ten one-hundredths of one percent or more."
SECTION 2. Section 56-5-2950(b)(3) of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"(3) If the alcohol concentration was at that time ten one-hundredths of one percent or more, it
may be inferred that the person was under the influence of alcohol is conclusively presumed that the person had an illegal alcohol concentration.
The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of them."
SECTION 3. This act takes effect upon approval by the Governor,
except the provisions in Sections 56-5-2930 and 56-5-2950 pertaining to an alcohol concentration of ten one-hundredths of one percent or more will change to eight one-hundredths of one percent or more, effective upon the ratification of an amendment to Section 1, Article VIII of the Constitution of South Carolina, 1895, relating to the sale of alcoholic liquors and beverages in sealed containers of two ounces or less.
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