public safety by too often leading to cases to be pled down over minor issues that do not get to the heart of whether the person accused was actually too impaired to drive. It is MADD’s stance, along with many partners we work with, that our dash cam video needs to be changed. The preference is not to remove dash cams from the arrest process but to amend the law so that a shortcoming in the video could result in the video, or a portion of it, being thrown out with the other evidence staying. Other needed changes include requiring that the reading of Miranda rights only needs to be reasonably documented as opposed to the current strict recording standards of having the officer and accused on camera simultaneously. No other crime requires the video recording of Miranda. End the Incentivizing of Breath Test Refusals. When any of us obtains a driver’s license, we agree to provide a breath sample to law enforcement if suspected of impaired driving. People do have the option of refusing in the moment, but that comes with a penalty—an automatic six-month license suspension. In South Carolina, we allow those who have had their license suspended for refusing, or for blowing over a .15 BAC, to keep driving if they contest the suspension and apply for a Temporary Alcohol License (TAL). Eventually, ranging from a few weeks to a few months, they will have a hearing before an administrative hearing officer to determine if the officer had proper justification for the traffic stop, followed all proper procedures, and the license suspension was correctly issued. The implied consent hearing is a separate process from the criminal case to determine whether the person broke the law by driving impaired, and they are common. SLED data tell us that 40% of the people who were asked to give a breath sample upon arrest for DUI in 2023 refused. While perhaps it should not be the case, lack of BAC data does harm the prosecution’s chances for a conviction. Other evidence should be sufficient for a judge or jury, but the reality is that BAC data is often the most convincing piece of evidence. If there is not already enough incentive to refuse, those who refuse and then are found guilty are given the penalties equivalent to having a BAC between .08 and .10—the lowest of all possible penalty categories. If someone were designing a system to encourage people to refuse providing the evidence they pledged they would, it would look much like South Carolina’s system. We should alter the law by allowing the judge or jury to select from the more severe penalties if they choose. Modernize Our Laws Around Blood Draws. As drugged driving increases, the law needs to adapt to more effective and efficient means of collecting appropriate evidence, which is not “breath.” Time is of the essence in evidence collection. More effective and efficient procedures for obtaining blood draws will help in Felony DUI cases where the blood test findings are often crucial evidence (the offender is often injured and cannot be given the normal breath tests) that must be obtained quickly. Changes could include allowing an officer who does not believe the impairment is from alcohol to skip the breath test before obtaining blood. We should also create more
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