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Summary Judges Benchbook
South Carolina Bench Book for Summary Court Judges - Crimes and Offenses Section

A.
Alcoholic Beverages

ALCOHOL - DISTILLERIES, ETC.

Class B or C Misdemeanor

Code §§61-6-4100 to 61-6-4120

 

CDR Codes 986-991, 2300-2301, 2371

Elements Of The Offense

1. That the accused did (any one or more of the following):

a.

Manufacture, sell, give, or possess a distillery or any integral part thereof, or any device for the purpose of manufacturing alcoholic liquors in violation of the law. (§61-6-4100)

b.

Knowingly permit or allow another person to have or possess or locate on the accuser's premises, any apparatus for distilling or manufacturing alcoholic liquors. (§61-6-4110)

c.

Make, transport, possess or knowingly permit upon his premises any mash, wort, wash, buck or other similar material commonly used in the manufacturing of alcoholic liquors. (§61-6-4120)

Penalty:

1st offense - fine of not less than $600 or imprisonment for 6 months.
2nd offense - fine of $1,500 or imprisonment for 1 year.
3rd or subsequent offense - fine of $3,000 or imprisonment for 2 years.

BEER, WINE, ETC. - PERSONS UNDER AGE 21

Misdemeanor

Code §§61-4-50, 61-4-60, 61-4-80 and 63-19-2440

 

CDR Codes 240, 602, 604, 1257, 3294, 3295

Elements Of The Offense:

A.

That the accused did sell beer, ale, porter, wine or other similar malt or fermented beverage to a person under the age of 21. (§61-4-50)

B.

That the accused did knowingly give false information concerning his age for the purpose of purchasing beer or wine. (§61-4-60)

OR

C.

That the accused did purchase beer or wine and give to a person not legally qualified to purchase same, for consumption while on licensed premises, (§61-4-80)

OR

D.

1. That the accused was a person under the age of 21.

 

2. That he did purchase, attempt to purchase, consume, or knowingly possess any beer, ale, porter, wine or similar malt or fermented beverage. (§63-19-2440)

Penalties:

§61-4-50 – for a 1st offense a fine of $200 to $300 or imprisonment of 30 days, or both, and successful completion of a DAODAS approved merchant alcohol program; for a 2nd or subsequent offense a fine of $400 to $500 or imprisonment of 30 days, or both, and successful completion of a DAODAS approved merchant alcohol program.

§61-4-60 – fine not less than $100 nor more than $200, or imprisonment for not more than 30 days, or both.  Also, Also, suspension of driver's license for a period of 120 days for a first offense, and a period of 1 year for second or subsequent offenses (see §56-1-746). 

§61-4-80 – for a 1st offense a fine not less than $200 nor more than $300, or imprisonment for not more than 30 days, or both; for a 2nd or subsequent offense a fine not less than $400 nor more than $500, or imprisonment for not more than 30 days, or both.

§63-19-2440 - fine of not less than $100 or more than $200, or imprisonment for not more than 30 days, or both, and successful completion of a DAODAS approved alcohol prevention education or intervention program. Also, suspension of driver's license for a period of 120 days for a first offense, and a period of one year for a second or subsequent offense (see §56-1-746).  This section does not apply to a person under the age of 21 years who is recruited and authorized by a law enforcement agency to test an establishment’s compliance with the laws. 

BEER, WINE, ETC. - TAX LEVY

Misdemeanor

Code §61-4-20

 

CDR Code 608

Elements Of The Offense:

1.

That the accused did sell or did permit to be sold, any beer, wine, ale, malt or other beverage on which the tax levied had not been paid.

Penalty:

Fine of not less than $25 nor more than $100 or imprisonment for not less than 10 days nor more than 30 days.


DRIVING UNDER THE INFLUENCE (DUI) OF INTOXICATING LIQUORS, ETC.

Class F Felony, Class A or C Misdemeanor

Code §56-5-2930

 

CDR Codes 623, 163-165

Elements Of the Offense:

1.

That the accused was under the influence of alcohol to the extent that the person's faculties to drive are materially and to drive are materially and appreciably impaired; and

2.

That the accused did drive any vehicle within this State.

OR

1.

That the accused was under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; or

2.

That the accused while under the combined influence of alcohol and any other drugs, or drugs, or substances which cause impairment to the extent that the person's faculties to drive are materially and appreciably impaired; and

3.

Did drive a motor vehicle within this State.

NOTE: "Faculties" must include both mental and physical faculties. The State of South Carolina vs. Sheppard, 288 S.C. 464 (1966).

The offense is exactly the same, whether the driver's condition resulted from the ingestion of alcohol or drugs or both of them.

To establish corpus delicti of offense of driving under the influence (DUI), state must present evidence establishing (1) driving of a vehicle; (2) within State; (3) while under the influence of intoxicating liquors, or drugs. State v. Smith, 328 S.C. 622, 493 S. E.2d 506 (Ct. App. 1997).

It must be shown that the defendant was driving a motor vehicle while under the influence. This requires more than just sitting behind the steering wheel of an automobile. To constitute the offense, the law requires that the vehicle be in motion while the defendant is driving.

In State v.Graves, 269 S.C. 356, 237 S.E.2d 584 (1977), it was held that the word "drive" requires the vehicle to be in motion to constitute an offense under §56-6-2930. It was further held that the requirement of showing the vehicle was in motion must be shown by either direct or circumstantial evidence. In Graves, a patrolman found the defendant leaning over the steering wheel asleep with the engine running and transmission in gear. The defendant's conviction was reversed since there was no showing by direct or circumstantial evidence that the defendant had placed his vehicle in motion while under the influence of intoxicants.

In State v. Gilliam, 270 S.C. 345, 242 S.E.2d 410 (1978), a tow truck operator found the defendant alone on the passenger side of a wrecked automobile which had gone down an embankment. Since there was evidence that the defendant admitted he was driving at the time of the accident the conviction was upheld.

Penalty: §56-5-2940

(1) By a fine of $400 or imprisonment for not less than 48 hours nor more than 30 days, for the first offense; provided, that in lieu of the 48 hour minimum imprisonment the court may provide for 48 hours of public service employment. The minimum 48 hour imprisonment or public service employment shall be served at a time when the person is off from work and shall not interfere with his regular employment under such terms and conditions as the court deems proper; provided, further, that the court may not compel an offender to perform public service employment in lieu of the minimum sentence.

(2) By a fine of not less than $2,100 dollars nor more than $5,100 and imprisonment for not less than 5 days nor more than 1 year for the second offense. However, the fine imposed by this item shall not be suspended in an amount less than $1,100. In lieu of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than 30 days upon terms and conditions the court considers proper;

(3) By a fine of not less than $3,800 nor more than $6,300 and imprisonment for not less than 60 days nor more than 3 years, for the third offense;

(4) Imprisonment for not less than 1 year nor more than 5 years for a fourth offense or subsequent offense.

No part of the minimum sentences provided in this section may be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of §56‑5‑2945 for great bodily injury, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.

The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.

For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics constitutes a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.

Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside.

One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.

Two hundred dollars of the fine imposed pursuant to subsection (3) must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the datamaster, breath testing site video program, ignition interlock provisions, and toxicology laboratory.

EMPLOYMENT OF A PERSON UNDER 21 IN LIQUOR BUSINESS

Misdemeanor

Code §61-6-4140

 

CDR Codes 601, 238 -239

Elements Of The Offense:

A.

That the accused did knowingly employ a person under the age of 21 to work as an employee in a retail, or wholesale, or manufacturing liquor business,

OR

B.

1. That the accused was under 21 years of age, and

 

2. That the accused did work as an employee in a retail, or wholesale, or manufacturing liquor business.

Penalty:

1st offense - fine of $100 or imprisonment for 30 days.
2nd offense - fine of $200 or imprisonment for 60 days.
3rd or subsequent offense - fine of $300 or imprisonment for 90 days.

OPEN CONTAINERS OF BEER AND WINE IN MOVING VEHICLES

Misdemeanor

Code § 61-4-110

 

CDR Code 660

Elements Of The Offense:

1.

That the accused did have in his possession any beer or wine in an open container in a moving vehicle of any kind while located upon the public highways or highway rights of way of this state, except in the trunk or luggage compartment.

Penalty:

Fine of not more than $100 or imprisonment for not more than 30 days.

PURCHASE OF LIQUOR BY PERSON UNDER 21 OR MISREPRESENTATION OF AGE

Misdemeanor

Code §63-19-2450

 

CDR Codes 2460, 1259

Elements Of The Offense:

A.

That the accused, under 21 years of age did purchase, attempt to purchase, consume, or knowingly possess alcoholic liquors,

OR

B.

That the accused, under 21 years of age did falsely represent his age for the purpose of procuring alcoholic liquors.

Penalty:

Fine of not less than $100 nor more than $200 or imprisonment for not more than 30 days, or both, and successful completion of a DAODAS approved alcohol education prevention or intervention program.  Also, suspension of driver's license for a period of 120 days for a first offense, and a period of one year for second or subsequent offenses (§56-1-746).   This section does not apply to a person under the age of 21 years who is recruited and authorized by a law enforcement agency to test an establishment’s compliance with the laws. 

SALE OF LIQUOR TO PERSONS UNDER AGE OF 21

Misdemeanor

Code §61-6-4080

 

CDR Code 230

Elements Of The Offense:

1.

That the accused did knowingly sell alcoholic liquors to a minor.

Penalty:

Fine of not less than $100 nor more than $200 or imprisonment from not less than 30 days nor more than 60 days, or both.

Failure of a person to require identification to verify a person's age is prima facie evidence of a violation of this section.

TRANSPORTING LIQUORS WITH BROKEN CAPS OR SEALS

Misdemeanor

Code §61-6-4020

 

CDR Code 607

Elements Of The Offense:

1.

That the accused did transport alcoholic liquor in a motor vehicle, and

2.

That the cap or seal on the container was opened or broken, and

3.

That the alcoholic liquor was not in the luggage compartment or cargo area.

Penalty:

Fine of not more than $100 or imprisonment for not more than 30 days.

UNLAWFUL PURCHASE OF ALCOHOLIC LIQUOR - GENERALLY

Unclassified Misdemeanor

Code §61-6-4050

 

CDR Codes 609, 241-242

Elements Of The Offense:

1.

That the accused did purchase or otherwise procure any alcoholic liquor from anyone other than a licensed dealer in the State.

Penalty:

1st offense - fine of $100 or imprisonment for 30 days.
2nd offense - fine of $200 or imprisonment for 60 days.
3rd or subsequent offense - fine of $300 or imprisonment for 90 days.

UNLAWFUL SALE OR MANUFACTURE OF LIQUOR - GENERALLY

Class B or C Misdemeanor

Code §61-6-4010

 

CDR Codes 243-245

Elements Of The Offense:

A.

1. That the accused did manufacture, store, keep, receive, have in possession, transport, ship, buy, sell, barter, exchange, or deliver any alcoholic liquors.

 

2. That the alcoholic liquors were not acquired in a legal manner.

OR

B.

1. That the accused did accept, receive, or have in his possession any alcoholic liquors.

 

2. That the alcoholic liquors were for an unlawful use.

Penalty:

1st offense - fine of not less than $600 or imprisonment for 6 months.
2nd offense - fine of $1,500 or imprisonment for 1 year.
3rd or subsequent offense - fine of $3,000 or imprisonment for 2 years.

UNLAWFUL STORAGE OR POSSESSION OF ALCOHOLIC LIQUORS

Class B or C Misdemeanor

Code §61-6-4060

 

CDR Codes 246-248

Elements Of The Offense:

1.

That the accused did store or have in his possession any alcoholic liquors in his place of business other than a licensed liquor store.

Note: A "place of business" includes: (1) a place where goods, wares, or merchandise are sold, offered for sale, or distributed, and also places of amusement; (2) residences and transportation vehicles when sale of merchandise is made therefrom; and (3) outbuildings, warehouses, and garages when adjacent to or used in connection with a place of business where goods, wares, or merchandise are sold, offered for sale, or distributed.

Penalty:

1st offense - fine of $200 or imprisonment for 60 days.
2nd offense - fine of $1,000 or imprisonment for 1 year.
3rd or subsequent offense - fine of $2,000 or imprisonment for 2 years.

UNLAWFUL STORAGE OR TRANSPORTATION OF ILLEGAL ALCOHOLIC LIQUORS

Class B or C Misdemeanor

Code §61-6-4025

 

CDR Codes 249-251

Elements Of The Offense:

1.

That the accused did keep, store, have in possession, carry, ship, or transport in any vehicle, vessel, aircraft or other chattel, any alcoholic liquor.

2.

That the alcoholic liquor was unlawfully acquired or manufactured, or that it did not bear the proper Federal and South Carolina revenue stamps.

Penalty:

1st offense - fine of not less than $600 or imprisonment for 6 months.
2nd offense - fine of $1,500 or imprisonment for 1 year.
3rd or subsequent offense - fine of $3,000 or imprisonment of 2 years.