South Carolina Seeks to Sober up Drivers

SOUTH CAROLINA SEEKS TO SOBER UP DRIVERS

Volume 28, Issue 489 April 16, 2007

Matthew Gever

Lawmakers in South Carolina are looking to tighten penalties for drunk drivers and close loopholes that allow many offenders to slip through the system.

“We have to change the way DUI (driving under the influence) laws are enforced in this state and I ask that we do it this year,” said Governor Mark Sanford in his state-of-the-state speech. Legislators are now working with the Governor to reform the state’s laws.

Since 1997, the national rate of fatal crashes that involve drunk driving has remained flat, after falling by nearly half between 1982 and 1997, according to the National Conference on Highway Safety Priorities. And many individuals get away with driving drunk. About 90 million car trips are made yearly by drunk drivers, but only 1.5 million of those will result in arrests, according to the Insurance Institute for Highway Safety.

“We have one of the worst fatality rates in the country,” said Representative Garry Smith. South Carolina has consistently ranked among the top 10 states in annual DUI-related accidents and deaths. In 2005, the state had 1,093 road fatalities, of which 464 were attributable to alcohol, according to the National Highway Traffic Safety Administration.

“We should be thinking about the victims first,” said House Speaker Doug Smith at a press conference. Speaker Smith urged lawmakers to toughen DUI laws.

HB 3165 would increase the penalties associated with DUI. If an individual is pulled over for drunk driving and refuses a breathalyzer test, the state will suspend the person’s driver’s license for one year. The previous penalty was 90 days. The bill also creates graduated penalties for increasing levels of intoxication and longer jail times for repeat offenders. First-time offenders would be required to enroll in treatment.

Many of the complaints about South Carolina’s DUI laws relate to the process of arrest. For example, officers must read Miranda rights to the offender twice—once at the point of arrest and again before a breath test is administered. HB 3196 would change that by dropping the required second reading. “It’s time to stop tying the hands of law enforcement,” added Rep. Smith, who has been working to drop those requirements for the past three years.

SB 219 seeks to shame offenders into sobriety. Under this bill, if an individual is convicted of a second or subsequent DUI, the clerk of the county must publish a legal notice of the individual’s conviction at that individual’s expense. The notice is required to appear in the same manner as other legal notices in said county or in a newspaper. The notice of conviction also must include the name and address of the convicted person, the date, time and place of arrest, as well as the disposition of the case.

In 2006, approximately 11,000 South Carolinians had their driver’s licenses suspended for driving under the influence. Of those, 2,300 were repeat offenders. Previous laws gave judges the option of requiring an ignition locking device for those with a conviction. HB 3277 would require the device for anyone convicted two or more times.

Other bills would establish administrative barriers such as higher fees for re-registering immobilized vehicles (cars that were seized or impounded from DUI convicts) and longer license suspensions.

Some Senators are less than enthused about the proposed legislation. Their primary concern is that most of the bills being considered are not addressing the core of the problem—substance use disorders—because they are focused on punitive measures rather than treatment.

© Copyright 2007, State Health Notes