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H 3156

Driver's licenses

2025-2026 Regular Session Introduced by Todd Rutherford

SC law now requires removing from driving records any administrative suspension evidence, temporary licenses, or ignition interlock entries when a person is acquitted of certain al

Referred to Committee on Education and Public Works
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Bill Summary · H 3156

Bill summary — Driver's licenses (South Carolina) — Addition of Section 56‑5‑2956

Status: Enacted (Chapter 37 of the Acts of 2025). Filed/Prefiled Dec 5, 2024; enacted Sep 22, 2025; signed by the Governor Sep 26, 2025.

Purpose

To require the removal from a person’s motor vehicle driving record of administrative-suspension evidence and related entries that resulted from a refusal to submit to chemical testing for alcohol if the person is later acquitted of the underlying alcohol‑related driving charge.

Key provisions

  • Adds Section 56‑5‑2956 to Article 23, Chapter 5, Title 56 of the South Carolina Code of Laws.
  • Requires that, for any person acquitted of offenses under Sections 56‑5‑2930, 56‑5‑2933, or 56‑5‑2945 (offenses involving driving with unlawful alcohol concentrations):
    • All evidence of the person’s license suspension under Section 56‑5‑2951 (administrative suspension for refusal to submit to testing) must be removed from the person’s motor vehicle driving record; and
    • Any driving‑record entry indicating the person was issued a temporary driver’s license under Section 56‑5‑2951, or that the person was required to install an ignition interlock device on a vehicle they drive, must be removed.
  • Effective date: Upon approval by the Governor (law was enacted and chaptered in September 2025).

Who is affected

  • Individuals in South Carolina who were administratively suspended or otherwise had entries placed on their driving records because they refused chemical testing for alcohol, and who were later acquitted of the specified alcohol‑related driving charges.
  • State agencies that maintain driving records (e.g., Department of Motor Vehicles/Department of Public Safety) will be responsible for removing the listed entries; law enforcement and courts may need to coordinate record updates.

Practical impact

  • Restores a cleaner driving record for persons acquitted of the specified offenses by removing administrative-suspension evidence, temporary-license entries, and ignition‑interlock entries tied to a refusal to test.
  • May affect employment or insurance consequences tied to driving records and reduce collateral consequences from administrative actions that followed criminal proceedings.
  • The relief is limited to persons who are acquitted of the enumerated offenses; it does not, on its face, apply to convictions, dismissals without acquittal, or other non‑acquittal case dispositions.

Legislative timeline (selected)

  • Prefiled: 12/05/2024
  • Introduced/Filed: Dec 2024 – early 2025 (bill text included)
  • Enacted by General Assembly: 09/22/2025
  • Signed by Governor: 09/26/2025 (Chapter 37, Acts of 2025)

Note: The statute specifically references Sections 56‑5‑2930, 56‑5‑2933, and 56‑5‑2945; these sections relate to statutory offenses for driving with unlawful alcohol concentrations. The new Section 56‑5‑2956 mandates removal of administrative suspension evidence and related driving‑record entries when an acquittal of those offenses occurs.

Compiled from official sources — confirm details with the bill’s official record.

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