SC Senate Bill 52: What’s Changing in South Carolina DUI Law

South Carolina is rewriting its DUI laws, and the changes are significant. Senate Bill 52 would overhaul nearly every part of how DUI cases are charged, prosecuted, and penalized in this state.

As of May 2026, the bill has passed both chambers with amendments and is moving between the House and Senate for final reconciliation. If signed into law, most major provisions take effect December 31, 2026.

Here’s what’s coming with the SC DUI law changes in 2026 under S. 52.

A New Offense: Felony DUI Second Degree

One of the biggest additions is a brand-new charge: Felony DUI Second Degree.

Under current law, a DUI becomes a felony only when it causes great bodily injury or death. S. 52 creates a middle category covering:

• Moderate bodily injury to another person, or
• Property damage exceeding $25,000

The penalty: a mandatory fine of $3,000 to $6,000 and mandatory imprisonment of 90 days to 10 years. “Moderate bodily injury” is defined as injury involving prolonged loss of consciousness, temporary disfigurement, temporary loss of bodily function, injury requiring general anesthesia, or a fracture or dislocation.

THC Now Explicitly Included in DUI Law

S. 52 amends the DUI statute to specifically include tetrahydrocannabinol (THC) and THC analogues as substances that can cause impairment.

Current law already covers driving while impaired by drugs, but naming THC explicitly signals more aggressive prosecution of marijuana-related DUI charges, more drug recognition expert testimony, and more blood testing for THC going forward.

Tougher Penalties for Felony DUI First Degree

The existing felony DUI statute is also getting harsher.

Great bodily injury: The mandatory minimum prison sentence increases from 30 days to six months, with a maximum of 15 years. The mandatory fine ranges from $5,100 to $10,100.

Death: Penalties remain at 1 to 25 years in prison and $10,100 to $25,100 in fines, but the new bill clarifies that part of the mandatory sentence cannot be suspended.

Longer License Suspensions for Refusal and High BAC

Administrative penalties for refusing a breath test or registering a high BAC are doubling for first-time offenders.

Current law: 6 months for first refusal; 1 month for BAC of .15% or higher.

Under S. 52: 1 year for first refusal; 2 months for BAC of .15% or higher.

Suspension periods for repeat offenses also increase significantly. A fourth refusal would carry a four-year suspension. Drivers can install an ignition interlock device and obtain a temporary license to keep driving during the suspension.

Mandatory DUI Victim Impact Panels

Every person convicted of DUI or DUAC, even first-time offenders, will be required to attend a DUI Victim Impact Panel as part of their sentence. These panels are typically run by IRS-approved 501(c)(3) nonprofits and may include online options. The maximum enrollment fee is capped at $75.

The goal is to confront defendants with the human cost of impaired driving by having victims and family members share their experiences.

ADSAP Costs Are Going Up, Substantially

ADSAP is mandatory for everyone convicted of DUI. S. 52 raises the cost caps significantly.

Current caps: $500 education, $2,000 treatment, $2,500 total.

Under S. 52: $1,000 education, $4,000 treatment, $5,000 total.

Caps will increase annually based on the Consumer Price Index starting in 2027. No one can be denied services for inability to pay; those who cannot afford services must complete 50 hours of community service.

Plea Bargains Will Be Restricted

This is one of the most significant changes for defense strategy.

Under S. 52, prosecutors can only reduce DUI or DUAC charges to the immediate lesser offense unless they show compelling reasons in court, and the judge makes a specific finding on the record.

In practice:

• DUI charges can no longer be casually reduced to non-DUI offenses
• The path to a reckless driving plea becomes much harder
• Solicitors will need to defend any significant reduction in open court

Many DUI cases in South Carolina currently resolve through negotiated pleas. S. 52 closes that door for most cases.

Pretrial Intervention Now Available for First-Offense DUI

For the first time, first-offense DUI and DUAC charges will be eligible for Pretrial Intervention (PTI).

Defendants entering PTI for first-offense DUI must complete a DUI Victim Impact Panel, install an ignition interlock device for 6 months, and complete ADSAP.

Successful completion typically results in dismissal and eligibility for expungement. This is a significant new option for first-time offenders whose careers, professional licenses, or immigration status could be devastated by a DUI conviction. CDL holders remain ineligible.

New Reckless Driving Offenses Tied to Bodily Injury

S. 52 creates two new reckless driving offenses tied to injury:

Reckless Driving Causing Great Bodily Injury: Up to 5 years in prison and fines from $500 to $2,500.

Reckless Driving Resulting in Moderate Bodily Injury: Up to 3 years in prison and fines from $500 to $1,000.

While the bill title refers to “felony reckless driving,” the statutory text labels both as “misdemeanor reckless driving.” These charges don’t require alcohol or drugs. If a driver’s “wilful or wanton disregard for the safety of persons or property” causes injury, they can face these charges without any DUI element.

Child Endangerment Expanded

The child endangerment statute is expanded to include violations involving reckless vehicular homicide, reckless driving, and existing DUI/DUAC/Felony DUI offenses. If a driver violates any of these laws with a passenger under 16 in the vehicle, they face an additional child endangerment charge with separate penalties.

Child Support as Restitution

In cases where a felony DUI causes the death or disability of a parent or guardian, the sentencing court can now order the convicted driver to pay child support as restitution for the duration of probation or until the child turns 18 (or 19 if still in high school). The court considers the child’s needs, the surviving parent’s resources, and other relevant factors.

Centralized DUI Courts and Solicitor Prosecution

S. 52 establishes a magistrates centralized court in every county for first and second offense DUI/DUAC cases. The circuit solicitor (not municipal prosecutors) will handle these cases. For York County, the existing York County Centralized DUI Court will continue to handle DUI cases countywide.

What These SC DUI Law Changes Mean for Drivers in 2026

If S. 52 becomes law, anyone arrested for DUI after December 31, 2026 will face tougher penalties for injury-related DUI offenses, longer license suspensions, mandatory victim impact panels, higher ADSAP costs, restricted plea reductions, explicit THC enforcement, and a new PTI option for eligible first-time offenders.

Know the Law Before You Need It

These changes haven’t taken effect yet, but they’re coming. If you’re currently facing a DUI under existing law, the timing of your case matters. If you’re arrested in 2027 or later, you’ll be dealing with the new rules.

At Okoye Law, we track these changes as they move through the legislature so our clients are never blindsided. If you’ve been arrested for DUI in Rock Hill, Fort Mill, or anywhere in York County, contact Okoye Law for a consultation.