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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

South Carolina Drugged Driving

In South Carolina, a person is guilty of a DUI if he or she drives a motor vehicle within this State while under the influence any drug, combination of drugs, or combination of drugs and alcohol to the extent that the person's faculties to drive a motor vehicle are materially and appreciably impaired. S.C. Code Ann. § 56-5-2930(A) (West 2009).

Implied Consent

  • A person who drives a motor vehicle in this South Carolina 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 or the combination of alcohol and drugs if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. Id. § 56-5-2950.

  • The Department of Motor Vehicles must suspend the driver's license, permit, or nonresident operating privilege of or deny the issuance of a license or permit to a person who drives a motor vehicle and refuses to submit to a test. Id. § 56-5-2951(A).

  • Accused has the right to have a qualified person of his own choosing conduct additional independent tests at his expense. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples obtained at the direction of the law enforcement officer. Id. §§ 56-5-2950(B)(3),(D).

Penalties

  • First offense - fine of $400 or imprisonment for a period of not less than 48 hours, nor more than 30 days; Or minimum of 48 hours of public service; offender required to complete an Alcohol and Drug Safety Action Program. Id. § 56-5-2930(A)(1); Id. § 56-5-2930(H).

  • Second offense - fine of not less than $2,100, but not more than $5,100 and imprisonment for a period of not less than 5 days, but not more than 1 year; offender required to complete an Alcohol and Drug Safety Action Program. Id. § 56-5-2930(A)(2); Id. § 56-5-293(H).

  • Third offense fine of not less than $3,800, nor more than $6,300, imprisonment for a period not less than 60 days nor more than 3 years; offender required to complete an Alcohol and Drug Safety Action Program. Id. § 56-5-2930(A)(3); Id. § 56-5-2930(H).

  • Fourth and subsequent offense – imprisonment for not less than 1 year nor more than 5 years; offender required to complete an Alcohol and Drug Safety Action Program. Id. § 56-5-2930(A)(4); Id. § 56-5-2930(H).

Sobriety Checkpoints

There is no state authority regarding sobriety checkpoints. South Carolina conducts sobriety checkpoints.

South Carolina Penalties


Incarceration


Fine

Possession

1 oz or less (first offense)*

misdemeanor

30 days

$100 - $200

1 oz or less (subsequent offense)

misdemeanor

1 year

$200 - $1,000

More than 1 oz

see Sale or Trafficking

*Conditional discharges possible for first offense.

Cultivation

Less than 100 plants

felony

5 years

$5,000

100 to 1,000 plants

felony

25 years MMS**

$25,000

1,000 to 10,000 plants

felony

25 years MMS**

$50,000

More than 10,000 plants

felony

25 years MMS**

$200,000

**Mandatory minimum sentence.

Sale or Trafficking

Less than 10 lbs

felony

5 years

$5,000

10 to 100 lbs

felony

1 year MMS**

$10,000

100 to 2,000 lbs

felony

25 years MMS**

$25,000

2,000 to 10,000 lbs

felony

25 years MMS**

$50,000

10,000 lbs or more

felony

25 years MMS**

$200,000

To a minor, or within a one-half mile radius of a school, public park or playground

felony

10 years

$10,000

**Mandatory minimum sentence.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia possession

civil citation

none

$500

 

Details

 

Possession of one ounce or less is punishable by up to 30 days in jail and a fine of $100 - $200 for a first offense. For subsequent offenses the penalties increase to up to a year in jail and a fine of $200 - $1,000. Convictions for a first offense are eligible for conditional discharges. Possession of greater than one ounce is considered evidence of intent to sell and is punished as such.

Sale or delivery of less than ten pounds of marijuana is punishable by up to five years in prison and a fine up to $5,000. Sale or delivery of 10 pounds or more is considered trafficking and all trafficking offenses are subject to mandatory minimum sentences. For trafficking of less than 100 pounds the mandatory minimum sentence is one year with a maximum of 10 years and a fine of $10,000. For sale or delivery of less than 2,000 pounds the mandatory minimum sentence is 25 years in prison and a fine of $25,000. For less than 10,000 pounds the penalty is also a minimum of 25 years in prison and the fine increases to $50,000. For amounts of 10,000 pounds or more the mandatory minimum is 25 years with a maximum of thirty and a fine of $200,000.

Sale to a minor or within a one-half mile radius of a school, public park or playground is a separate offense and carries a penalty of up to 10 years in prison and a fine up to $10,000.

Cultivation of less than one hundred marijuana plants is punishable by up to five years in prison and a fine of up to $5,000. Cultivation of 100 marijuana plants or more is punishable by a mandatory minimum sentence of 25 years in prison and a fine of $25,000. For more than 1,000 plants, the mandatory minimum stays at 25 years, but the fine increases to $50,000. For greater than 10,000 plants the mandatory minimum sentence is 25 years with a maximum of 30 years and a fine of $200,000.

Possession of paraphernalia is punishable by a civil fine of $500.



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