SC Venue Crisis

Tougher DUI laws? Yes, please.

We care about South Carolina’s small businesses. But that doesn’t mean we care less about its citizens. That’s why we submitted our recommedations for tougher DUI laws. Whether the legislators consider our recommendations or not, we just want you to know.

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We’re not attorneys, lobbyists, or career politicians. We’re not trying to take money away from injured victims. We’re not trying to protect bartenders that overserve their patrons. We’re the opposite. We are South Carolina citizens concerned about our community and our economy.

That’s why we researched DUI laws in other states, consulted local venues, and submitted the suggestions below to South Carolina State Representative Stewart Jones in a meeting on September 4, 2023, for consideration in an amendment to House Bill 4529, the SC Save Our Venues Act.

As you will see, we have listed actions that, if taken, would create stricter penalties for drunk drivers. We’ve also recommended actions for venues and law enforcement.

We care about South Carolina’s small businesses. But that doesn’t mean we care less about its citizens. Whether the legislators consider our recommendations or not, WE JUST WANT YOU TO KNOW.

SC Venue Crisis Suggestions for Tougher DUI Laws:

  • A driver charged in an accident-related DUI should be required to provide their financial records for 2 weeks prior to the accident. This would allow law enforcement to see if alcohol was purchased from somewhere other than the establishment in question during the time leading up to the accident. from liquor/grocery/convenience stores that they may have been drinking immediately before the accident
  • Repeal the law stating that a person sitting in a running vehicle can be charged with DUI. (If they’re sitting in a car to warm up, cool down, or sleep, they are not driving.)
  • DUI 1st offense: Drivers license is updated with a DUI stamp which prohibits purchase of alcohol for a specified period of time plus, mandatory alcohol education classes (Tennessee)
    • Anyone charged with DUI will be issued a license plate identifying the DUI charge for a specified period of time.
  • DUI 2nd offense in 10 years: Drivers license suspension for 5 years
  • DUI 3rd offense in 10 years: Drivers license is revoked for 10 years

ATTORNEY FEES:

  • Attorney’s fees should not exceed 20% of the awarded amount in a court trial.
  • Attorney’s fees should not exceed 15% of the amount for lawsuits settled out of court.

STANDARDIZED AMOUNTS:

PUBLIC SAFETY:

  • Anyone charged with DUI who has previously been charged with Criminal Domestic Violence will forever be banned from purchasing alcohol via a DUI icon on their drivers license.

ACTION BY ESTABLISHMENTS SELLING ALCOHOL (Bars, Music Venues, Restaurants, Liquor/Convenience/Grocery Stores, etc.):

  • Require staff to obtain “Responsible Alcohol Server Certification”
  • Record video and store footage for a minimum of 2 weeks
  • Establish “last-call” no less than one hour before closing OR end liquor sales no less than one hour before closing
  • Mandatory installation, use, and maintenance of ID scanners linked to a statewide database which will alert every establishment selling alcohol of suspensions, bans, etc. 
  • Must allow cars to remain in their parking lot for 12 hours as an effort to prevent DUI
  • Must post signage with contact information for Uber, Lyft, Taxi, Towing Service, available in that area

ACTIONS BY LAW ENFORCEMENT:

  • A toxicology report must be obtained and kept as evidence for anyone involved in an accident-related DUI. This would determine whether there were any other substances in their bloodstream.
  • Any vehicle involved in an alcohol-related accident should have all contents inventoried to document any alcohol/drugs found within.

Below is a Comparison of the DUI laws in South Carolina,
North Carolina, Georgia, Virginia, and Arizona.

South Carolina

  • Blood alcohol concentration (BAC) limit: 0.08%
  • Penalties for first offense:
    • Fine of up to $2,500
    • Up to 30 days in jail
    • 6-month driver’s license suspension
    • Mandatory alcohol education classes
  • Penalties for second offense within 10 years:
    • Fine of up to $5,000
    • Up to 60 days in jail
    • 1-year driver’s license suspension
    • Mandatory alcohol education classes and treatment
  • Penalties for third offense within 10 years:
    • Fine of up to $10,000
    • Up to 1 year in jail
    • 2-year driver’s license suspension
    • Mandatory alcohol education classes and treatment
    • Imprisonment for up to 5 years if the offense results in serious injury or death

North Carolina

  • BAC limit: 0.08%
  • Penalties for first offense:
    • Fine of up to $200-$1,000
    • Up to 45 days in jail
    • 30-day driver’s license suspension
    • Mandatory alcohol education classes
  • Penalties for second offense within 10 years:
    • Fine of up to $2,000-$4,000
    • Up to 60 days in jail
    • 1-year driver’s license suspension
    • Mandatory alcohol education classes and treatment
  • Penalties for third offense within 7 years:
    • Fine of up to $5,000-$10,000
    • Up to 24 months in jail
    • 3-year driver’s license suspension
    • Mandatory alcohol education classes and treatment
    • Imprisonment for up to 8 years if the offense results in serious injury or death

Georgia

  • BAC limit: 0.08%
  • Penalties for first offense:
    • Fine of up to $1,000
    • Up to 10 days in jail
    • 12-month driver’s license suspension
    • Mandatory alcohol education classes
  • Penalties for second offense within 5 years:
    • Fine of up to $2,000
    • Up to 1 year in jail
    • 24-month driver’s license suspension
    • Mandatory alcohol education classes and treatment
  • Penalties for third offense within 10 years:
    • Fine of up to $5,000
    • Up to 5 years in prison
    • 5-year driver’s license suspension
    • Mandatory alcohol education classes and treatment

Virginia

  • BAC limit: 0.08%
  • Penalties for first offense:
    • Fine of up to $250-$2,500
    • Up to 12 months in jail
    • 12-month driver’s license suspension
    • Mandatory alcohol education classes
  • Penalties for second offense within 10 years:
    • Fine of up to $500-$5,000
    • Up to 1 year in jail
    • 2-year driver’s license suspension
    • Mandatory alcohol education classes and treatment
  • Penalties for third offense within 10 years:
    • Fine of up to $1,000-$10,000
    • Up to 2 years in jail
    • 3-year driver’s license suspension
    • Mandatory alcohol education classes and treatment

ARIZONA Laws – 

  • Mandatory drug and alcohol screenings
  • $1,250 in fines
  • Ten or more consecutive days in jail
  • Community service
  • Attending a drug and alcohol education program at your expense typically costs $200
  • IID for at least 12 months that you will pay for. Costs range from $50 to $200 for installation, plus a monthly fee of $50 to $100. There are also maintenance and data fees for the use of the IID.

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