South Carolina is cracking down on drunk driving, and as part of the state's efforts, the Senate has just approved tougher penalties, under a measure that received its key approval on Wednesday.
The measure will increase the punishment for first offenders with blood alcohol levels of 0.16% or greater (double the legal limit of 0.08%), though possible fines and prison time for all drunk drivers also hinge upon blood alcohol content levels.
Under current South Carolina law, DUI suspects must have their rights read to them multiple times: before a sobriety test in the field is performed, during the actual arrest, and before a breath test is administered. This has been criticized by many throughout the state as a series of technicalities that make it too easy for lawyers to get cases thrown out of court.
The new law would eliminate the initial Miranda reading, but substitute a required roadside statement which informs DUI suspects that they are not under arrest and have the right to refuse to take a sobriety test. This is a point of contention among state senators. Says Senator Larry Martin, "When you say, 'You've got the right to refuse,' all you're doing is inviting him not to take it. You're discouraging a person from cooperating. Rather than invite an uncooperative person on the roadside, let's let law enforcement do their jobs."
Others in South Carolina say the penalties in the new measure are still too weak. According to South Carolina Governor Mark Stanford, "The bottom line is that if we're going to keep the people of this state safe on our roads, we have to get tougher on all DUI offenders, not just the repeat offenders."
The new measure will not change the current requirement that DUI suspects must be videotaped from the moment a police officer turns on his blue lights, and that the recording must also include the reading of rights, the actual arrest, a mandatory twenty-minute waiting period before a breath test, and the actual test.
The South Carolina House passed a similar measure last year. This one is still open for debate.
