South Carolina’s New DUI Law Goes Into Effect February 10

Columbia, SC—According to a release from the South Carolina Department of Public Safety, the state’s new DUI laws go into effect on February 10th:

COLUMBIA– Motorists who choose to drive while drunk in South Carolina will face higher fines, longer jail time and mandatory counseling under a new law that goes into effect at noon on Tuesday, February 10, 2009.

The SC Department of Public Safety (SCDPS) and local law enforcement agencies gathered at the Statehouse on Monday to officially announce the launch of the new DUI law, signed by Governor Mark Sanford on April 10, 2008. The new law is designed to close legal loopholes that have allowed some drunken drivers to avoid conviction and to tie progressively tougher penalties to higher levels of intoxication and number of prior DUI offenses.

“This law sends a clear message to law enforcement that we’re serious about giving them the tools they need to keep people safe,” Sanford said. “This represents an important and very concrete step forward in making our roadways safer in South Carolina, and as a consequence improves the quality of life for all South Carolinians.”

Drunk driving continues to take a heavy toll in the state. Although the overall number of traffic fatalities was down in 2008 compared to 2007, the percentage of DUI-related deaths did not follow suit.

Preliminary numbers for 2008 show that 461 people, or about 50 percent of the 914 people killed in traffic collisions, were involved in DUI-related collisions. In 2007, alcohol-impaired driving resulted in 463, or 43 percent, of the 1,077 motor vehicle deaths.

“Drunk driving is something that people do out of arrogance, selfishness and recklessness,” said SCDPS Director Mark Keel. “Nowadays, people already know how dangerous it is to drive under the influence of alcohol; but they decide to do it anyway. So, what this new DUI law does is in effect say, ‘If you choose to drink and drive, we’ll give you plenty of time to think about your choice.’”

Among other things, the new DUI law will:

Apply higher penalties for convictions. The new law provides harsher punishments depending on the amount of alcohol consumed, the higher the blood concentration level, the stiffer the penalty. Repeat offenders also will face longer periods of imprisonment and larger fines.

Close the Miranda warning loophole. The new law removes the requirement of an officer reading a DUI suspect his or her Miranda rights three times. Under the new law, the officer only has to read the warning once upon arrest.

Have a stronger breath-test refusal penalty. A suspect will have his or her driver’s license suspended for six months, instead of three, for refusing a breath test. Suspension times for refusals increase upon subsequent offenses.

Require counseling. Convicted drunk drivers, including first-time offenders, must successfully complete an alcohol and drug treatment program.

To raise awareness about the law, SCDPS launched a public information and media campaign in October at the SC State Fair, where SCDPS distributed flyers summarizing the law.

A series of TV commercials began airing February 2. They feature a trooper from the Highway Patrol and a deputy from the Lexington County Sheriff’s Office. The TV spots illustrate how state and local law enforcement are working together to crack down on DUI and how the new law will help combat this serious crime.

In partnership with SCDPS, the SC Department of Transportation has, for the past couple of weeks, used its electronic message boards on highways to remind motorists of the new DUI law. Beginning Tuesday, the boards will display, “New DUI Law Now in Effect.”

To ensure officers are ready to enforce the new law, the SC Commission on Prosecution Coordination, which receives federal funding through SCDPS’ Office of Highway Safety, has presented workshops to law enforcement groups. Also, SCDPS printed and distributed quick-reference cards to law enforcement agencies. In addition, information has been disseminated through the SC Law Enforcement Network (SCLEN), coordinated by the Office of Highway Safety.

Keel said he hopes more local agencies will participate in the SCLEN and combine resources to combat alcohol-impaired driving.  Colonel F. K. “Kenny” Lancaster Jr. of the Highway Patrol and Colonel Napoleon “Nick” Moore of the State Transport Police are committed to working with local agencies, Keel said.

“They stand with me, along with police chiefs and sheriffs, to ensure the DUI laws of our state are enforced,” Keel said.

A statewide, stepped-up DUI enforcement effort, which began in December 2008 and will continue through Labor Day 2009, should help lower DUI-related collisions this year, Keel said. This effort involves more than 200 local law enforcement agencies joining forces with the Highway Patrol and State Transport Police.

“Too many people are being killed by drunk drivers, and contrary to common belief, drunk drivers die in crashes, too,” Keel said. “South Carolinians should really get behind this DUI law by supporting the law enforcement community and feeling some responsibility toward others on the road. If we work together, we can effectively use the new DUI law, along with the primary safety belt law, to save lives.”