MADD SOUTH CAROLINA - 2021 CM Report

As noted earlier, training may also be needed on ensuring that judges are not protecting pro se defendants to such an extent that they blur their role into nearly serving as a defense attorney.

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. Motivation also needs to be addressed and could be built by ensuring that officers have opportunities to interact with victims of DUI crashes and special recognition for high achievers. MADD understand we could play a role in these types of initiatives and new things have been implemented such as holding an annual MADD South Carolina Law Enforcement Recognition Dinner where we present “ MADDY ” awards for excellence.

Focus Area #8: Enhance the Use of Technology for DUI Enforcement/Prosecution

Some aspects of our state’s fight against DUI could be boosted by maximizing available technology, which in some cases would include simply catching up to what other states are doing. First, we need to follow the wisdom of 34 other states and pass a law requiring all convicted DUI offenders to install an Ignition Interlock Device for some period of time. IIDs are “in - car breathalyzers” that will prevent a car from starting if the driver blows with detectable alcohol levels. They have prevented nearly 4 million drunk driving trips in this country, yet South Carolina still only requires them for repeat offenders and high BAC (greater than .15) first-time offenders. Moving to including all convicted offenders is a well-researched policy change that has been shown to decrease fatalities by 16% and is an improvement on license suspensions alone given that 50% to 75% of those who have licenses suspended for DUI keep driving.

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