COLUMBIA - South Carolina, which has the
worst alcohol-related traffic death rate in the nation, is about to
take another step toward bringing its historically weak DUI laws in
line with a majority of other states.
A spokesman for Gov. Mark Sanford said the governor will sign a
bill making it illegal to drive with an alcohol concentration
measured at 0.08 -- the equivalent, for a 170-pound man, of drinking
four beers in an hour's time. The current law lets people drive with
a concentration of up to 0.10.
If Sanford signs the bill by Friday, the new law will go into
effect at noon on Aug. 19. If not, it becomes effective two months
after he signs it. The fine for a first offense will increase by
$100, to $400. The six months' license suspension remains the
same.
Still, experts say S.C. laws against drunk driving will continue
to lag behind in an area that they say is also a key component in
making highways safer. Forty states, including North Carolina,
suspend licenses on the spot when a driver's blood-alcohol level
exceeds the legal limit. South Carolina still does not.
In fact, when the S.C. Senate passed the 0.08 standard this year,
it voted at the same time to repeal the state's existing license
suspension rule. That law applies only if a driver's alcohol
concentration is 0.15 or higher, or if the driver is younger than
21. House members, however, insisted on keeping the suspension law
intact, and it remains on the books.
But the law may be not be strict enough to keep South Carolina in
compliance with federal rules. As much as $60 million in federal
highway money is at stake.
Congress passed a law in 1998 requiring states to adopt the 0.08
legal limit by Oct. 1, 2003, to be eligible for a pot of highway
construction aid. The law said states must apply the 0.08 standard
to their automatic license suspension policies, as well.
S.C. highway safety director Max Young said last week that he is
querying federal authorities, "asking them to tell us if, in fact,
this law meets their requirements."
Sen. Wes Hayes, R-Rock Hill, said that considering the historic
reluctance of S.C. lawmakers to pass tough anti-DUI laws, he doubts
that the 0.08 legal limit would have passed this year were federal
dollars not tied to it.
"I hate to say it, but sometimes that's the incentive that it
takes for us to do what needs to be done," said Hayes, who has
fought for numerous highway safety measures during his 18 years in
the legislature.
South Carolina was one of the last states to make it illegal to
drive with an alcohol concentration measured at or above an
established level. The legislature passed the 0.10 standard in 2000.
Before then, someone charged with DUI could argue in court that he
wasn't impaired, even though his blood alcohol level was 0.10 or
higher.
The state's hands-off approach to highway laws manifests itself
in other ways. South Carolina still does not allow law enforcement
officers to pull over drivers for failing to wear seat belts.
S.C. lawmakers' longstanding opposition to stronger DUI laws is
deeply rooted in the state's rural, conservative traditions. There
is a reluctance to interfere with personal freedoms and resentment
of federal mandates.
When the Senate in 2000 passed the law making a 0.10
blood-alcohol level automatic proof of driving under the influence,
it did so over the strenuous objections of veteran Sen. Glenn
McConnell, R-Charleston. "This is a deliberate attack on your basic
right to be presumed innocent until proven guilty," he said during a
filibuster against the bill.
Referring to the new 0.08 law, Hayes said he considers the new
standard an important step.
"The national highway safety people strongly believe that it
makes a very positive difference; that's a reason a lot of the
highway construction dollars were tied to it," he said.
Young said that research done nationally shows that 0.08 is the
true level at which people's reactions and coordination are impaired
by alcohol.
Whether South Carolina's rate of people who died in collisions
where alcohol was the primary cause -- 156 deaths in 2001, 56
percent of all S.C. highway fatalities -- will decline because of
the new law remains to be seen, Young said.
But, he said, "I truly believe that it's going to bring great
improvements."
Young said South Carolina's DUI laws are still confusing and
riddled with loopholes and ambiguities. "I think the law and the way
it's written has a great deal to do with the problem that we have,"
he said.