South Carolina Carrying Under the Influence Laws

Carrying/Using a Firearm Under the Influence in South Carolina

South Carolina addresses the use of firearms while under the influence of alcohol or controlled substances under Article 6 of Title 23, Chapter 31 of the South Carolina Code of Laws.

Prohibition (§ 23-31-400)

It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm (i.e., discharge a firearm) in South Carolina.

• "Use a firearm" is defined as discharging a firearm (§ 23-31-400(A)(1)).
• "Serious bodily injury" means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ (§ 23-31-400(A)(2)).

Self-Defense Exception

This article does not apply to persons lawfully defending themselves or their property (§ 23-31-400(D)).

Penalties (§ 23-31-400(C))

A violation is a misdemeanor punishable by:

• A fine of not less than $2,000, OR
• Imprisonment of not more than two years

Blood and Urine Testing (§ 23-31-410)

• A person who uses (discharges) a firearm in South Carolina must submit to a SLED-approved breath test to determine blood alcohol content and a urine test to detect controlled substances if:
  • There is probable cause to believe the person was using a firearm while under the influence, OR
  • The person is lawfully arrested for an offense allegedly committed while using a firearm under the influence.
• Tests must be administered at the request of a law enforcement officer with probable cause.
• Administration of one test does not preclude the other.
• Refusal to submit to a breath or urine test is admissible into evidence in a criminal proceeding.
• If the arresting officer does not request a test, the arrested person may request one. If the person requests a test but is not actually tested, prosecution for using a firearm under the influence is barred (§ 23-31-410(B)).
• Test results for detecting controlled substances are not admissible as evidence in a criminal prosecution for possession of a controlled substance (§ 23-31-410(D)).

Testing Following Death or Serious Injury (§ 23-31-415)

If a law enforcement officer has probable cause to believe a person used a firearm while under the influence and caused death or serious bodily injury, the person must submit to a blood test upon the officer's request to determine alcohol content or the presence of a controlled substance.

• Criminal charges from the incident should be tried concurrently with a charge under § 23-31-400.
• If tried separately, the fact that the person refused, resisted, obstructed, or opposed testing is admissible at the trial of the criminal offense that precipitated the demand for testing.

BAC Presumptions (§ 23-31-420)

Results of tests administered under §§ 23-31-410, 23-31-415, or 23-31-420 are admissible into evidence, and the following presumptions apply:

• BAC is measured in grams of alcohol per 100 milliliters of blood.
• These provisions do not limit the introduction of other competent evidence on the question of intoxication.

Important Notes

• South Carolina's statute specifically addresses discharging a firearm while under the influence, not merely carrying one. The term "use a firearm" is explicitly defined as discharging a firearm.
• The testing procedures reference § 56-5-2950 (the state's implied consent/DUI testing statute) for provisions relating to test administration, additional tests at the individual's expense, availability of test information, and liability of medical institutions and persons administering tests (§ 23-31-410(C)).
• This article was enacted by 1996 Act No. 464, with the BAC presumption thresholds amended by 2003 Act No. 61.