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. 6. 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: Increase Focus on Implied Consent Hearings
Given how challenging it is to obtain a DUI conviction, made only worse by the impact of COVID on the courts, MADD is encouraged by the increased attention that some law enforcement agencies are giving to the implied consent aspects of a DUI arrest. Implied consent laws refer to the fact that when someone obtains a driver’s license, they 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 Restricted License (TARL). 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
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