confirming what we had heard was happening across the state. While we understand the frustrations prosecutors face in getting DUI convictions in South Carolina, these types of arrangements eliminate the life-saving impact of the IID program, which is well documented. This is one of many reasons that MADD will continue to push for a strengthening of Emma’s Law so that all DUI offenders, regardless of BAC, will get an IID.
Conclusions and Recommendations
In summary of the above data, we put forth the following as the most compelling aspects:
A multitude of factors result in the disappointing reality that less than half of the cases we monitored ended up as a DUI conviction. It is unthinkable that half of those arrested for DUI were not actually driving impaired. Our “refusal” law is toothless and contributes to a high rate of those arrested for DUI in South Carolina choosing to refuse providing a breath or blood sample. The situation is made worse by the fact that those found guilty after refusing get the lowest of possible DUI conviction penalties. The Temporary Alcohol License process should be tied to the state’s Ignition Interlock Device program so that those who are driving after a license suspension for refusing are “blowing sober,” which protects the public from repeat offenses. Our state’s low conviction rate is problematic. First, it lacks the deterring effect needed to prevent future offenses. Second, it emboldens those arrested subsequent times to believe that they will be able to beat their charges again. They become smarter to the system in negative ways. South Carolina needs to better embrace technology used in other states to aid in the fight against DUI including increased use of ignition interlock devices so that they are required of all convicted offenders and those who want to drive after refusing, electronic methods for getting a warrant for a blood draw, more officers equipped with body cams, and teleconferencing services to simplify the logistics of court hearings that can sometimes prevent convictions. More parts of the state need to direct more resources toward DUI prosecution so that attorneys are prosecuting rather than officers. In addition, we encourage a more aggressive approach prosecution of DUI cases, despite the challenges in South Carolina courtrooms, so that more offenders are held accountable with the appropriate penalties and not pled down to reckless driving charges that do not keep the public as safe from repeat offenses.
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