S.C. Code Ann. § 56-1-745 – Conviction of controlled substance violations; suspension of driver's license; special restricted driver's license and fees; insurance penalty under Merit Rating Plan; definitions | Midpage
§ 56-1-745
S.C. Code Ann. § 56-1-745
Conviction of controlled substance violations; suspension of driver's license; special restricted driver's license and fees; insurance penalty under Merit Rating Plan; definitions
(A) The driver's license of a person convicted of a controlled substance violation must be suspended for a period of six months. If the person does not have a driver's license, the court shall order the Department of Motor Vehicles not to issue a driver's license for six months after the person legally is eligible for the issuance of a driver's license. For each subsequent conviction under this section, the court shall order the driver's license to be suspended for an additional six months. The additional period of suspension for a subsequent offense runs consecutively and does not commence until the expiration of the suspension for the prior offense.
(B) Notwithstanding the provisions of Section 56-1-460, any person convicted under this section shall be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall not result in any insurance penalty under the Merit Rating Plan promulgated by the Department of Insurance.
(C)
(1) If an individual is employed or enrolled in a college, university, or court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education, or to a court-ordered drug program, and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college, university, or court- ordered drug program, that he lives further than one mile from his place of employment, education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment or place of education.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3) The fee for a special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.
(D) For purposes of this section:
(1) "Controlled substance violation" means a violation of Chapter 53 of Title 44 of the South Carolina Code of Laws; the "Controlled Substance Act" (21 U.S.C. Section 802(6)); or a drug offense committed in another state.
(2) "Drug offense" means the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a substance which is prohibited under the federal Controlled Substance Act.