(A) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section are admissible into evidence, and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, creates the following presumptions:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five one-hundredths of one percent but less than eight one-hundredths of one percent by weight of alcohol in the person's blood, this fact does not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but this fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(3) If there was at that time eight one-hundredths of one percent or more by weight of alcohol in the person's blood, this fact creates an inference that the person was under the influence of alcohol.
(B) The percent by weight of alcohol in the blood must be based upon grams of alcohol per one-hundred milliliters of blood. The provisions of this section must not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol.
HISTORY: 1996 Act No. 464, Section 2; 2003 Act No. 61, Section 1.
Structure South Carolina Code of Laws
Title 23 - Law Enforcement and Public Safety
Section 23-31-10. Purchase of rifle or shotgun in another state.
Section 23-31-20. Purchase of rifle or shotgun in this State by resident of any state.
Section 23-31-110 to 23-31-200. Repealed by 2012 Act No. 285, Section 2, eff June 29, 2012.
Section 23-31-210. Definitions.
Section 23-31-215. Issuance of permits.
Section 23-31-216. Collection and retention of fees.
Section 23-31-217. Effect on Section 16-23-20.
Section 23-31-220. Right to allow or permit concealed weapons upon premises; signs.
Section 23-31-225. Carrying concealed weapons into residences or dwellings.
Section 23-31-230. Carrying concealed weapons between automobile and accommodation.
Section 23-31-232. Carrying concealable weapons on premises of certain schools leased by churches.
Section 23-31-235. Sign requirements.
Section 23-31-240. Persons allowed to carry concealable weapons within the State.
Section 23-31-310. Definitions.
Section 23-31-320. Exceptions to application of article.
Section 23-31-350. Article not applicable to antique firearms.
Section 23-31-400. Definitions; unlawful use of firearm; violations.
Section 23-31-410. Blood and urine testing.
Section 23-31-420. Presumptions.
Section 23-31-1010. Definitions.
Section 23-31-1050. Definitions for Sections 23-31-1030 and 23-31-1040.