The General
Assembly has decided to focus on toughening the state's DUI laws
this session. That's a welcome development in a state with the
fifth-highest rate of drunken-driving fatalities in the nation.
Work in the Legislature still is in the preliminary stages. A
27-page bill to increase penalties for drunken driving just cleared
a subcommittee of the S.C. Impaired Driving Prevention Council this
week. The full council may take it up Thursday, and, if approved, it
could be introduced in the Legislature by early next month.
But all the pieces appear to be in place for much-needed reforms.
A grass-roots coalition of concerned residents, organizations such
as Mothers Against Drunk Driving and a variety of law enforcement
agencies has promoted toughened efforts to address the DUI problem.
Gov. Mark Sanford supports the effort, and members of the
Legislature have set it as a priority.
Many of the measures included in the House bill make sense. In
fact, they represent playing catch-up with states that already have
upped the penalties for drunken driving.
Included in the bill are proposals to increase driving license
suspensions for people who refuse to take a breath test; institute
graduated penalties depending on blood-alcohol levels; allow people
to be charged with "operating" under the influence even if they are
merely sitting in a running car; and eliminate police warnings
against self-incrimination before giving field-sobriety and breath
tests.
We like the idea of increasing penalties according to
blood-alcohol levels. Penalties would range from 48 hours in jail
for a first offense of driving with a blood alcohol level of 0.08
percent but less than 0.10 percent to seven years in prison for
fourth and subsequent offenses of driving with a level of at least
0.16 percent.
That helps target the chronic offenders, many of whom are not
deterred by having their licenses suspended, as opposed to the
social drinker who makes the mistake of driving after having one too
many. Both would be punished but with penalties reflecting the
severity of the offense and the behavior of the offender.
Lawmakers could take other steps to curb DUIs, and we hope they
will get to those later in the session. The Legislature should
provide the money and the mandate for the State Law Enforcement
Division to develop regulations for the use of ignition interlock
devices. These devices require drivers to blow into a small alcohol
sensor, usually attached to the dashboard. If the driver is
intoxicated, the vehicle won't start.
SLED has had the authorization to use ignition interlocks since
2000 but has not had the money to develop the program. The state
also should investigate other technology, such as the Secure
Continuous Remote Alcohol Monitor -- or SCRAM -- which is locked
around the ankles of DUI probationers where it measures
blood-alcohol content as it dissipates through perspiration.
The state already has taken steps to put more troopers on the
road, which also should improve efforts to intercept drunken
drivers. But state officials should evaluate enforcement efforts in
the near future and determine whether even more troopers are needed.
This is likely to be a banner year for anti-DUI efforts in South
Carolina. It has been a long time coming.
IN SUMMARY |
Effort to reduce drunken driving fatalities is on the
agenda of many this session.
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