The reasons for our state’s unacceptably low conviction rate are many and include an unfairly strict videotaping statute, a system that practically rewards those who violate their agreement to provide a breath or blood sample if asked, too few judges taking the full ownership necessary to treat DUI seriously, too little DUI training for officers and judges, and insufficient resources for prosecution, which leaves many officers in the state having to prosecute their own DUIs. It is reason able to connect our state’s low conviction rate with the fact that we are among the nation’s worst for drunk driving fatalities. D ata released by the National Highway Traffic Safety Administration (NHTSA) shows that while there were fewer cars on the road, South Carolina had a 14% increase in alcohol-related deaths, rising from 276 fatalities in 2019 to 315 in 2020. Truly, these are deadly results .
We call for change in the following areas:
• Support law enforcement officers and prosecutors to make themselves available for the administrative hearings that occur when someone refuses to give a breath test upon arrest. When officers show up and are prepared to explain why the person arrested should face the six-month license suspension stated by law, they ensure that person faces accountability, and there can be other benefits like people pleading guilty to the DUI in exchange for not getting the suspension. • Ensure that our laws for refusing to provide a breath or blood sample upon arrest actually have teeth so that there is a downside to refusing, unlike now where one could argue it works heavily in the favor of the person being charged. The best step would be to add an ignition interlock device requirement for being eligible to get a Temporary Alcohol License if theirs is revoked for refusing. In 2020 and 2022, the South Carolina House of Representatives failed to pass a bill passed by the Senate that would have done this and also required these devices for all convicted DUI offenders.
• Amend the state’s dash cam video recording statute so that the other evidence in a DUI arrest can be used even when there is a problem with the video.
• Ensure those arrested for DUI for the first time are treated seriously because a “slap on the wrist” could not onl y lack the deterring effect needed to prevent future offenses but also emboldens those arrested subsequent times that they will be able to beat their charges again. An “all offender” ignition interlock law would be an obvious step. • Encourage adequate resources for DUI prosecution so that attorneys are prosecuting rather than officers. More aggressive prosecution of DUI cases is needed overall so that more offenders are held accountable with the appropriate penalties and not pled down to reckless driving charges.
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