A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-5-2956 SO AS TO PROVIDE ALL EVIDENCE OF THE SUSPENSION OF DRIVERS' LICENSES FOR REFUSAL TO SUBMIT TO TESTING FOR ALCOHOL CONCENTRATIONS AND ANY ENTRY IN THE DRIVING RECORDS OF PERSONS SHOWING THEY WERE ISSUED TEMPORARY DRIVERS' LICENSES OR THAT THEY WERE REQUIRED TO INSTALL IGNITION INTERLOCK DEVICES ON VEHICLES THEY DRIVE MUST BE REMOVED FROM THEIR DRIVING RECORDS IF THEY SUBSEQUENTLY WERE ACQUITTED OF DRIVING WITH UNLAWFUL ALCOHOL CONCENTRATIONS.
Impact
If enacted, this bill would impact the way suspensions related to alcohol testing are recorded and treated in South Carolina. It aims to provide unintended benefits for those who were previously penalized without an underlying conviction. By ensuring that such records are cleared upon acquittal, the bill potentially alleviates the long-term repercussions that a suspension may have on an individual's ability to drive legally and maintain a clean driving record, fostering a sense of justice within the state's legal framework.
Summary
House Bill H3156 seeks to amend the South Carolina Code of Laws by adding Section 56-5-2956. This section mandates that all evidence of a suspension of a driver's license due to refusal to submit to alcohol testing must be removed from an individual's driving record once they are acquitted of driving violations related to unlawful alcohol concentrations. The purpose of the bill is to ensure that individuals who are acquitted do not carry the stigma or consequences of a license suspension or the requirement of an ignition interlock device on their records, reflecting a fairer treatment of individuals in the judicial process.
Contention
While the full details on any debate surrounding H3156 are not specified, one can predict potential points of contention might arise around the implications of removing such records. Supporters may argue that this is a necessary step for justice and could reduce the burden on individuals who have been wrongly accused. Conversely, opponents could express concerns about accountability, suggesting that the potential for misuse of this law could hinder the state's ability to manage habitual offenders effectively. Conversations surrounding the balance between individual rights and public safety may play a significant role in discussions around this bill.
Driver licenses, revised period of driver license suspension and installation of ignition interlock device for first time conviction of driving under the influence
In general provisions, further providing for definitions; in licensing of drivers, further providing for chemical testing to determine amount of alcohol or controlled substance and repealing provisions relating to ignition interlock limited license; in driving after imbibing alcohol or utilizing drugs, further providing for definitions and for ignition interlock, providing for ignition interlock driver's license, for ignition interlock driver's license issued during suspension period and for online services for ignition interlock driver's license and further providing for prior offenses, for the offense of illegally operating a motor vehicle not equipped with ignition interlock and for requirements for driving under influence offenders; and making editorial changes.
Requires that any person convicted of a charge of driving under the influence or refusal to submit to a chemical test, have an ignition interlock system installed in their vehicle as part of any sentence before being eligible for a license reinstatement.
In sentencing, further providing for sentence of total confinement; in licensing of drivers, further providing for the offense of driving while operating privilege is suspended or revoked and for ignition interlock limited license; and, in driving after imbibing alcohol or utilizing drugs, further providing for ignition interlock.
Requires persons convicted of driving under influence or refusal to submit to chemical test, have an ignition interlock system installed in vehicle as part of sentence and to pay an assessment to pay for the interlock systems.
Requires persons convicted of driving under influence or refusal to submit to chemical test, have an ignition interlock system installed in vehicle as part of sentence and to pay an assessment to pay for the interlock systems.