SC Bill S0136: Handgun Charge Dismissal & DUI Impact

South Carolina Bill S0136: Dismissal of Pending Handgun Possession Charges and its Potential Impact on DUI Cases

South Carolina Bill S0136, formally titled "Dismissal of pending gun possession charges," aims to amend Section 17-1-65 of the South Carolina Code of Laws, concerning the expungement of convictions for unlawful handgun possession.

This prefiled bill, sponsored by Senators Deon Tedder, Matthew Leber, Joshua Kimbrell, and Rex Rice, proposes a significant change in how the state handles certain firearm-related offenses.

While not directly related to DUI laws, S0136's potential impact on the broader legal landscape could indirectly affect drivers facing DUI charges, especially those with concurrent or prior unlawful handgun possession charges.

What S0136 Proposes: A Plain Language Explanation

In essence, S0136 mandates that the State of South Carolina dismiss and expunge specific pending unlawful handgun possession charges.

These charges must have occurred before the enactment of the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024. The core intention is to rectify situations where individuals were charged under previous laws that are now arguably inconsistent with the state's current stance on firearm ownership and carrying rights, as defined by the Constitutional Carry Act.

Specifically, the bill states that the dismissal of these charges cannot be used as the foundation or support for civil actions stemming from the arrest.

This provision aims to protect law enforcement and the state from potential lawsuits related to arrests made under the prior legal framework.

Think of it this way: Before the 2024 Act, certain actions related to carrying a handgun without a permit were illegal. Now, under Constitutional Carry, those same actions might be legal. S0136 seeks to clear the records of individuals still facing charges for those now-legal actions.

Potential Impact on Drivers Facing DUI Charges

While S0136 doesn't directly target DUI laws, its implications can indirectly influence DUI cases, particularly those where a defendant faces additional charges or has a prior record involving unlawful handgun possession.

Here's how it could play out:

• Concurrent Charges: Imagine a scenario where a driver is arrested for DUI, and during the traffic stop, an unlawful handgun is discovered in the vehicle, leading to an additional charge of unlawful possession. If the possession charge predates the 2024 Act and is still pending, S0136 would require its dismissal.

This could simplify the driver's defense strategy, potentially leading to a more favorable outcome in the DUI case. The driver would face only the DUI charge, without the added weight and complexity of the handgun possession charge.

• Sentencing Considerations: South Carolina's sentencing guidelines for DUI offenses can be influenced by various factors, including the defendant's criminal history. If a driver had a prior conviction for unlawful handgun possession (later expunged under S0136), that prior conviction would no longer appear on their record.

This could result in a lower sentence or more lenient treatment in a subsequent DUI case, as the driver would appear to have a cleaner criminal record.

• Plea Bargaining: Prosecutors often consider the totality of circumstances when negotiating plea bargains. If a DUI defendant has a pending unlawful handgun possession charge that is likely to be dismissed under S0136, the prosecutor might be more inclined to offer a favorable plea deal on the DUI charge, knowing that the handgun charge is essentially a non-issue.
• Credibility and Evidence: Evidence from the gun charge that might have been admissible in the DUI case may be impacted by the expungement of the charge.

It's crucial to understand that the impact of S0136 on DUI cases is indirect and depends on the specific facts and circumstances of each case. However, the potential for a more lenient outcome due to the dismissal of a related handgun charge is a real possibility.

Comparison to Current South Carolina DUI Laws

To fully grasp the potential impact of S0136, it's important to understand the existing landscape of South Carolina's DUI laws. Here's a brief overview:

• Definition: In South Carolina, it's illegal to drive a motor vehicle while under the influence of alcohol, drugs, or a combination of both, to the extent that the person's faculties to drive are materially and appreciably impaired.
• Blood Alcohol Concentration (BAC) Limit: The legal BAC limit is 0.08%.
• Penalties: DUI penalties in South Carolina vary depending on the BAC level, the number of prior offenses, and whether there were any aggravating factors (e.g., causing injury or death).

Penalties can include fines, jail time, license suspension, and mandatory alcohol education programs.

• Implied Consent: South Carolina has an implied consent law, meaning that by operating a motor vehicle in the state, you consent to chemical testing (breath, blood, or urine) to determine your BAC.

Refusal to submit to testing can result in license suspension, even if you're not ultimately convicted of DUI.

• Focus: Driving under the influence of alcohol or drugs - Dismissal of specific unlawful handgun possession charges

• Direct Effect: Direct criminal penalties for impaired driving - Indirect impact; potential for reduced sentencing or favorable plea deals in DUI cases where related handgun charges exist

• BAC Limit: 0.08% - No impact on BAC limit

• Sentencing: Fines, jail time, license suspension - Potential for reduced fines, jail time, or license suspension if a prior handgun charge is expunged or a concurrent handgun charge is dismissed

As the table illustrates, S0136 doesn't alter any aspect of South Carolina's DUI laws directly. However, it can influence the outcome of a DUI case if the defendant also faces related handgun charges covered by the bill.

Context: Why Was This Legislation Introduced?

The introduction of S0136 is primarily driven by the passage of the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024. This Act significantly altered the state's laws regarding firearm ownership and carrying rights, allowing individuals to carry handguns, both openly and concealed, without a permit (with certain restrictions). The sponsors of S0136 recognized that the 2024 Act created a situation where individuals were potentially facing prosecution under laws that were no longer consistent with the state's policy on firearm rights.

The bill aims to address potential injustices and ensure that individuals are not penalized for actions that are now considered lawful under the new Constitutional Carry framework. It reflects a broader trend of legislative efforts to align existing laws with evolving interpretations of the Second Amendment and to rectify perceived inconsistencies in the legal system.

Furthermore, the provision protecting against civil actions related to the dismissed charges likely stems from a desire to shield law enforcement agencies from potential lawsuits arising from arrests made under the prior legal framework.

This provision seeks to balance the interests of individuals whose charges are being dismissed with the need to protect law enforcement from undue legal challenges.

Practical Information for Affected Drivers

If you are a driver in South Carolina facing DUI charges and also have a pending or prior charge related to unlawful handgun possession, here's some practical advice:

1. Consult with an Attorney: The most crucial step is to consult with a qualified South Carolina attorney who specializes in both DUI and firearm law. An experienced attorney can assess your specific situation, explain your rights, and advise you on the best course of action.
2. Disclose All Charges to Your Attorney: Be completely transparent with your attorney about all pending and prior charges, including the details of the handgun possession charge (date of offense, specific charges, etc.).
3. Gather Relevant Documentation: Collect all relevant documentation related to your DUI and handgun possession charges, including police reports, court documents, and any other relevant records.
4. Understand the Potential Impact of S0136: Work with your attorney to understand how S0136 might affect your case. If your handgun possession charge meets the criteria for dismissal under the bill, your attorney can take steps to ensure that the dismissal is properly executed.
5. Consider Plea Bargaining Options: Discuss with your attorney the possibility of negotiating a plea bargain with the prosecutor, taking into account the potential dismissal of the handgun possession charge.
6. Review Your Criminal Record: Once the handgun possession charge is dismissed and expunged, request an updated copy of your criminal record to ensure that the expungement is properly reflected.
7. Be Aware of Timing: Keep in mind that S0136 is currently pending legislation. Its passage and effective date are subject to change.

Stay informed about the bill's status and consult with your attorney about the potential impact of any changes on your case.

Disclaimer: This article is for informational purposes only and should not be considered legal advice. You should consult with a qualified attorney for advice regarding your specific situation.