(Columbia) June 4, 2003 - Drinking and driving is
always risky, but will become even more so under
legislation working its way through the General
Assembly. The bill lowers the legal blood alcohol limit
from the current .10 to .08.
Victim advocate Laura Hudson has been keeping a close
eye on the bill's progress. She's worried by what she's
seeing, "There have been a number of trial attorneys
down here trying to influence the legislation."
Hudson says attorneys specializing in DUI cases are
pushing changes in the bill that would force law
enforcement to follow arrest and alcohol testing
procedures so strict that any deviation could allow a
DUI charge to be thrown out, "It's really trying the
machine and trying the officer instead of the
accused."
Orangeburg Senator Brad Hutto has led the effort for
the strict procedures and is also an attorney,
disagrees, "SLED writes the guidelines and policies. The
amendment just says if we're going to rely on a machine
to reach a result that the test will be administered
according to the guidelines and policies. If it's not,
it won't be a valid test."
Hutto says he wants to make sure suspects get due
process, "We always, in our system of justice, have said
that proof is required beyond a reasonable doubt. Our
citizens are entitled to that."
Both the House and Senate have passed the .08 bill,
but the versions are different and they have to go to a
conference committee.
Hudson says if the Senate's
changes are not removed, Mothers Against Drunk Driving
and the State Victim Assistance Network would oppose the
bill, "The bill is in great jeopardy from advocates, who
have been supporting the .08 and want that because the
federal government wants us to have it in order to get
our federal highway funds. But we don't want to see a
bill go forward that is going to result in cases being
thrown out over trivial technicalities."
The federal government has given states until October
1st to lower their limits to .08. The feds start
withholding millions in highway construction money if
they don't. So far, 34 states have lowered the DUI
limit.
By Jack
Kuenzie
Updated 6:59pm by BrettWitt
