FOR IMMEDIATE RELEASE

August 14, 2003

CONTACT: SID GAULDEN, 803-896-8755

TOUGHER DUI LAW TAKES EFFECT AUGUST 19

COLUMBIA – The South Carolina Department of Public Safety announces that motorists in South Carolina who choose to drink and drive will soon face a lowered blood alcohol concentration (BAC) level and increased fines as a result of legislation (H. 3231, A. 61 of 2003). The new DUI law takes effect at noon on August 19.

Under the new legislation, the BAC level for an inference of being under the influence drops from 0.10 percent to 0.08 percent for operation of a motor vehicle, as well as for operation of watercraft or use of a firearm. Under the new law, if motorists have a BAC of 0.08 percent or higher, it will be inferred that they were driving under the influence. As of April 30, 2003, 39 other states and the District of Columbia and Puerto Rico had already enacted 0.08 BAC legislation, according to the National Highway Traffic Safety Administration.

“Motorists should bear in mind that the actual cost of DUI is far higher than the base line fine,” said Boykin Rose, DPS Director. “Our hope is that the additional fines, coupled with the fact that a person can now be considered legally intoxicated after drinking less, will help reduce the number of people who choose to drink and drive.”

The cost of drinking and driving also increases under the new law. Additional assessments and surcharges increase the fines dramatically. For a first offense DUI conviction, the fine, including assessments, is $992. The maximum $5,100 fine for a second offense increases to $10,744.50 and the maximum $6,300 fine for a third offense increases to $13,234.50. The maximum Felony DUI fines increase from $10,100 (great bodily injury) to $21,119.50 and from $25,100 (death) to $52,244.50. The new law also carries an additional penalty for South Carolina residents convicted of second offense DUI: suspension of the registration and license plate for every vehicle they own for 30 days.  

A DUI conviction can also result in jail time and driver’s license suspension. First time offenders face imprisonment from two to 30 days and suspension of their driver’s license for six months (see attached sheet for complete details).  According to the South Carolina Insurance News Service, people convicted of DUI can also expect to see a significant increase in automobile liability insurance costs, possibly by as much as 70 percent or more. Some companies might even cancel insurance coverage and a DUI offender could face difficulty obtaining insurance coverage from another company.

In 2001 South Carolina’s mileage death rate (number of deaths per 100 million vehicle miles of travel) was the third highest in the nation, fifty percent above the national average. The alcohol-related traffic death rate in South Carolina was the worst in the nation, though, at more than twice the national average.

“It’s important for people to remember that impairment actually starts with the first drink,” said Max Young, DPS Office of Highway Safety Director. “Our recommendation from a highway safety standpoint is to steer clear of getting behind the wheel if you have been drinking. Intoxication levels can vary from person-to-person and day-to-day.”

EDITOR’S NOTE: See attached tables for a summary of the 0.08 and other DUI  legislation as well as facts about drinking and driving.

 
LINKS:  (MS Word file)
Summary of DUI legislation
SC DUI laws and penalties
DUI consequences
The facts about DUI
Alcohol and impaired driving

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SG/JB/78/03