Conclusions and Recommendations
In summary of the above data, we put forth the following as the most compelling aspects:
• A multitude of factors result in the disappointing reality that less than half of the cases we monitored ended up as a DUI conviction. It is unthinkable that half of those arrested for DUI were not actually driving impaired. • Because 41% of those arrested for DUI refuse to give a breath sample, likely in the belief it will lower the chances of their being convicted, law enforcement agencies should ensure those people at least serve the six-month license suspension that comes with that refusal by showing up prepared to the administrative hearings. We believe there are other substantial benefits to consistent preparation and attendance at these hearings, including getting more people pleading guilty to the criminal DUI case. • O ur “refusal” law is also toothless, which contributes to the high refusal rate. The situation is made worse by the fact that those found guilty after refusing get the lowest of possible DUI conviction penalties. The Temporary Alcohol License process shou ld be tied to the state’s Ignition Interlock Device program so that those who are driving after a license suspension for refusing are “blowing sober,” which protects the public from repeat offenses. The South Carolina House has twice failed to pass this despite being sent a nearly unanimously passed bill from the Senate. • Our state’s low conviction rate has disastrous consequences. First, it lacks the deterring effect needed to prevent future offenses. Second, it emboldens those arrested subsequent times to believe that they will be able to beat their charges again. They become smarter to the system in negative ways. We can no longer ignore how this directly plays into our terrible fatality rate. An “all offender” ignition interlock law should be passed quickly in 2023. • More parts of the state need to direct increased resources toward DUI prosecution so that attorneys are prosecuting rather than officers. In addition, we encourage a more aggressive approach prosecution of DUI cases, despite the challenges in South Carolina courtrooms, so that more offenders are held accountable with the appropriate penalties and not pled down to reckless driving charges that do not keep the public as safe from repeat offenses. • Judges can contribute to an improvement in our state’s DUI problem by better owning the culture of how DUI cases are treated in their courtroom. This includes recognizing the impact of case delays by the defense on the likelihood of a conviction and also seeking advance DUI training as cases, especially
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