What’s New With South Carolina’s DUI Laws In 2026?
Everyone knows that drunk driving is dangerous, but what is the best way to prevent it? In some places, the solution to drunk driving is built into the architecture of the city. For example, in many parts of Europe, everyone’s home is within walking distance of a bus stop or train station, and many residents can comfortable walk to their homes from the establishments where they got drunk, especially if they live in a downtown area or, failing that, if they imbibed at a local neighborhood pub. One could argue that greater access to public transportation would alleviate several of South Carolina’s problems, including but not limited to drunk driving, but anyone who has ever tried to walk or drive anywhere in South Carolina knows that cars rule the day in the Palmetto State and will continue to do so for the foreseeable future. Therefore, South Carolina lawmakers have voted for new legislation that aims to ensure that fewer of the drivers on the road are under the influence of alcohol. Even though South Carolina already enforces laws against drunk driving, we have one of the highest DUI traffic fatality rates in the country. If you have been injured in an accident caused by a drunk driver, contact a Columbia personal injury lawyer.
Even Low Level DUIs Must Go Through Criminal Court
When people from New Jersey visit South Carolina, they are invariably impressed with the scenic views and mild climate, but they might be alarmed to get criminal charges for a DUI when all they did to get pulled over was make an illegal turn, where they didn’t cause an accident. In their part of the country, DUI is only a criminal offense if you crash. In South Carolina, driving when your blood alcohol content (BAC) exceeds 0.08 percent is always a crime, but in practice, some DUI cases go through traffic court, especially if the driver did not cause an accident and has no prior history of drunk driving. The new law would make all DUIs, no matter how minor, go through criminal court. It would also make it harder for the criminal courts to dismiss DUI cases based on technicalities like irregularities with police body cameras.
A More Specific Definition of Serious Injury
The new law would also apply enhanced penalties for drunk driving accidents that result in serious injury, just as the current law does with fatal DUI accidents. There are current laws about DUI resulting in serious bodily injury, but until now, there was a lack of consensus about what constitutes a serious injury. The new law introduces a legal definition for serious injury. It defines it as an injury severe enough that treatment of it requires anesthesia; it does not specify whether the definition applies only to general anesthesia or to local anesthesia and to lighter forms of sedation.
Let Us Help You Today
The personal injury lawyers at the Stanley Law Group can help you get justice after a collision caused by a drunk driver. Contact The Stanley Law Group in Columbia, South Carolina or call (803)799-4700 for a free initial consultation.
Source:
scdailygazette.com/2026/02/05/efforts-to-strengthen-scs-dui-laws-unanimously-pass-senate/
