6. Implied Consent/Datamaster Process and Video Recording Issues. South Carolina has one approved type of instrument for the purpose of getting a Blood Alcohol Content reading on someone arrested for drunk driving. Unlike many other states, South Carolina does not allow officers to use a portable breath testing device on the side of the road to assist their investigation. There is a very specific process to running a Datamaster test on someone arrested for DUI, including exact words the officer must read. That process also must be video recorded. If there is almost anything done outside of this exact protocol or any issue with the video tape recording, the case often is pled down. There are similar challenges if the case is one that requires a blood draw from a hospital. Again, any deviation from the precise protocol often dooms the chances for a conviction, despite other evidence. 7. Inability to Have the Nurse/Toxicologist in Court. When a blood draw is part of the investigation, the defense can request that any medical personnel who are listed in the chain of evidence be present. If that person has moved or is unavailable for any reason, there will be no DUI conviction. As drugged driving increases, this issue could become even more prevalent. This is likely not an exhaustive list of why DUI arrests eventually are pled down to lesser charges, but they reflect a majority of the discussion with our key experts. Areas for Improvement for South Carolina Based on everything we have learned, we offer the following as areas most in need of attention by the state. Focus Area #1: Rewrite the DUI Laws to be Simpler and Smarter We must acknowledge a connection between our status as the worst state in the nation for drunk driving and the fact that our DUI laws are highly overcomplicated and riddled with loopholes that only serve to help offenders escape accountability. Only when we have DUI laws that fairly balance public safety with the rights of the accused can we expect to see different outcomes and reduced deaths and injuries. We have a long way to go. We can’t examine here every aspect of where our laws fall short, but we will key in on several areas greatly in need of reform. Most of the ideas below were included in a comprehensive DUI reform bill (S.852) from Senator Tom Davis for the 2024 legislative year. Unfortunately, the bill did not receive a hearing. Change the Dash Cam Statute. In a previous section we already outlined the concerns with our state’s dash cam statute that has been interpreted so strictly that it endangers
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