South Carolina § 56-1-1320 - Provisional drivers' licenses.

§ 56-1-1320. Provisional drivers' licenses.

(A) A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of a law of this State that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including Sections 56-5-2930 and 56-5-2933, whose license is not presently suspended for any other reason, and whose offense date is prior to the effective date of this section, may apply to the Department of Motor Vehicles to obtain a provisional driver's license of a design to be determined by the department to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program pursuant to Section 56-1-1330, and shall pay to the department a fee of one hundred dollars for the provisional driver's license. The provisional driver's license is not valid for more than six months from the date of issue shown on the license. The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 must be made by the director of the department or his designee.

(B) Ninety-five dollars of the collected fee must be credited to the state's general fund for use of the Department of Public Safety in the hiring, training, and equipping of members of the South Carolina Highway Patrol and Transportation Police and in the operations of the South Carolina Highway Patrol and Transportation Police. Five dollars of the collected fee must be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167.

HISTORY: 1975 (59) 66; 1982 Act No. 355, SECTION 1; 1988 Act No. 532, SECTION 31; 1990 Act No. 602, SECTION 4; 1993 Act No. 181, SECTION 1347; 1996 Act No. 459, SECTION 118; 2000 Act No. 390; 2001 Act No. 79, SECTION 2.A; 2014 Act No. 158 (S.137), SECTION 7, eff October 1, 2014; 2016 Act No. 275 (S.1258), SECTION 25, eff July 1, 2016; 2023 Act No. 55 (S.36), SECTION 5, eff May 19, 2024.

Effect of Amendment

2023 Act No. 55, SECTION 5, in (A), in the first sentence, inserted "and whose offense date is prior to the effective date of this section," and made a nonsubstantive change.