the BAC of record specifically so the person would plead guilty but could avoid the IID requirement, 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.
The Impact of COVID-19
The COVID pandemic affected just about every aspect of American life, and DUI enforcement and prosecution in South Carolina was no exception. Though societal restrictions have largely gone away as of this writing, the impact remains. At MADD South Carolina, we felt that impact was significant enough and had long-term impact enough to write a special report, released mid-2022, specifically on how we feel we can best encapsulate that impact. In the summer months of 202 1, we held five “stakeholder roundtable” discussions that included knowledgeable individuals from all seven counties where we conduct court monitoring. Invitees included judges and magistrates, prosecutors, law enforcement, and key community partners. MADD staff presented key data to the attendees and then facilitated very valuable discussions about their impressions and additional information needed to understand how COVID has impacted both enforcement and prosecution of DUIs in South Carolina. Below, we share the primary findings from that earlier report that stemmed from our conversations with local stakeholders, with some of our own observations included based on our court monitoring work. • Law Enforcement Shortages. During the peak of COVID, many law enforcement agencies across South Carolina reported an average of a 20% reduction in staff. This heavily affected DUI enforcement, especially in smaller municipalities. In several instances, officers would have to cover other areas and had no time for proactive DUI enforcement. This would include the inability to hold traffic safety checkpoints, and the inability to participate in multi-jurisdictional joint efforts that have high visibility. With increasing turnover rates, the amount of experienced law enforcement officers is decreasing. This causes a heavy impact, especially on DUIs, because these cases are some of the most difficult to enforce correctly and prosecute. • Prevalence of Impaired Driving. During the 2021 roundtables, the general consensus among LE officers was that impaired driving did not decrease during the height of the pandemic and through COVID-19 lockdowns. The national and state statistics from NHTSA that were released in early 2022 later supported their claims.
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