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Article published Mar 17, 2003
Senate DUI bill needs more teeth on the enforcement
side
Senators are doing well to lower the state's standard for
driving under the influence, but they should be willing to take the licenses of
motorists who do drive drunk.
The state Senate is considering a bill that
would lower the standard at which someone is presumed to be driving under the
influence. That standard would be lowered to .08 percent from .10 percent
blood-alcohol level.
But another provision of state law dealing with drunken
driving would be loosened. Under current law, the state immediately suspends the
driver's license of anyone caught driving with a blood-alcohol level of .15
percent. The bill would eliminate this administrative license
revocation.
That's a poor decision. The top priority of the state's DUI laws
should be to keep drunken drivers off the roads so they don't endanger other
motorists. One of the best ways to do that is to take the licenses of those who
have shown a willingness to drink and drive.
But senators are still angry at
Congress for forcing the state to change its law. The state must change the DUI
standard from .10 to .08 this year, or it will lose millions in federal highway
funds.
This is wrong, and it is unconstitutional, but the state has lost that
battle and should give in to the mandate from Washington.
The federal law
also mandates that if a state has a provision for administrative license
revocation, the blood-alcohol level for that also must be changed to .08
percent.
Senators are unwilling to do that, so they are killing the
administrative license revocation altogether.
It's a worthless tactic. With
one hand, they tighten the drunken driving law. With the other, they loosen
it.
Senators should stop worrying about their struggle with Washington. They
should focus on what happens on South Carolina's roads.
When someone is
arrested for driving under the influence, and a blood-alcohol test shows that
they were under the influence, should they be allowed to keep their driver's
license? Clearly, the answer is no.
Senators should acknowledge that fact as
well as their responsibility to enhance safety on the state's highways and
change the bill to restore administrative license revocation.