when each component works within its role. This issue could suggest a need for additional training for judges on handling pro se defendants.
Focus Area #7: Improve Training for Officers
While we believe strongly that our DUI statute and other factors make it far too difficult to make a DUI arrest that can get a conviction, it is a reality that we must for now work under the statute we have. Therefore, we urge additional resources be put toward sufficient training for officers in how to properly arrest an individual for DUI and how to document the arrest in a manner that makes it most likely to get a conviction. If prosecutors receive an arrest where required steps are left out, they will have little choice but to try to get a lesser plea in order to get any sort of conviction. Strong initial training and repeated, available advanced training is needed to keep those skills strong while also encouraging law enforcement agencies to address how they can incentivize officers doing their best in all aspects of the arrest. For those officers who do have to prosecute their own cases, we hope even more can be done to develop their skills as a prosecutor, though we wish that rarely needed to happen.
Sanctions
To this point, we have discussed primarily the outcome of the DUI cases monitored rather than the penalties issued to those convicted. The question of what is the penalty for a DUI in South Carolina is not a simple one to answer as the sanctions are tiered based on the BAC of the offender and the number of prior offenses.
The tables below summarize DUI penalties in the most efficient manner possible.
FIRST OFFENSE:
Refusals and BACs below 0.10%
BACs from 0.10% Through 0.15%
BACs of 0.16% and above
Mandatory minimum: 48 hours in jail; or 48 hours Public Service; or $400 fine
Mandatory minimum: 72 hours in jail; or 72 hours Public Service; or $500 fine
Mandatory minimum: 30 days in jail; or 30 days Public Service; or $1,000 fine
Up to a maximum of 30 days in jail Up to a maximum of 90 days in jail ** New provision under ยง56-5-2930 (K) provides for magistrates court jurisdiction for all DUI charges carrying a maximum penalty of 90 days or less. Up to a maximum of 30 days in jail
30
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