Gov. Mark Sanford, Spartanburg solicitor Trey Gowdy, police and victims of drunken drivers met at the Statehouse Monday to call attention to the fact that the state’s new DUI law goes into effect at noon on February 10th. The new law was designed to replace the state’s current DUI law, which police and prosecutors say has so many loopholes that they don’t even use it, instead relying on an older law.
The new law lengthens penalties for drivers who refuse to take a breath alcohol test. It also has a tiered system of penalties: the higher a driver’s blood alcohol level, the longer the penalties; and the more previous DUI convictions a driver has, the longer the penalties.
Gov. Mark Sanford says he does not think the new law will mean more people going to prison because it should cause fewer people to drive after drinking. But he says even if it does raise the prison population, it’s something the state needs to do to make our roads safer.
State lawmakers passed a new DUI law in 2003 that was supposed to be tougher. But once it was in place, police and prosecutors found that there were numerous loopholes and procedural hurdles that made it difficult to use. Spartanburg solicitor Trey Gowdy says only lawmakers thought that law would help; police and prosecutors did not think it would. The difference with this new law is that he thinks it will help because it does close the loopholes in the previous law. He says he won’t know for sure whether it actually makes our roads safer until after it’s been in place long enough to see some statistics and see if there are any unintended consequences of the new law.
Web resources:
Click here to view DUI stats in S.C.
Click here to view DUI stats in N.C.
Click here to watch a DUI PSA
Click here to read the law
The new DUI law has tiers of penalties based on an offenders blood alcohol level and the number of offenses. Those tiers and penalties are outlined below:
(1) for a first offense, by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days. However, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum forty-eight hour sentence. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of five hundred dollars or imprisonment for not less than seventy-two hours nor more than thirty days. However, in lieu of the seventy-two hour minimum imprisonment, the court may provide for seventy-two hours of public service employment. The minimum seventy-two hour imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of one thousand dollars or imprisonment for not less than thirty days nor more than ninety days. However, in lieu of the thirty-day minimum imprisonment, the court may provide for thirty days of public service employment. The minimum thirty days imprisonment or public service employment must be served at a time when the person is not working and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment instead of the thirty-day minimum sentence. Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a first offense charged for this item may be tried in magistrates court;
(2) for a second offense, by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars, and imprisonment for not less than five days nor more than one year. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of not less than two thousand five hundred dollars nor more than five thousand five hundred dollars and imprisonment for not less than thirty days nor more than two years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of not less than three thousand five hundred dollars nor more than six thousand five hundred dollars and imprisonment for not less than ninety days nor more than three years. However, the fine imposed by this item must not be suspended in an amount less than one thousand one hundred dollars;
(3) for a third offense, by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars, and imprisonment for not less than sixty days nor more than three years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by a fine of not less than five thousand dollars nor more than seven thousand five hundred dollars and imprisonment for not less than ninety days nor more than four years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by a fine of not less than seven thousand five hundred dollars nor more than ten thousand dollars and imprisonment for not less than six months nor more than five years; or
(4) for a fourth or subsequent offense, by imprisonment for not less than one year nor more than five years. If the person's alcohol concentration is at least ten one-hundredths of one percent but less than sixteen one-hundredths of one percent, then the person must be punished by imprisonment for not less than two years nor more than six years. If the person's alcohol concentration is sixteen one-hundredths of one percent or more, then the person must be punished by imprisonment for not less than three years nor more than seven years.
Information from the South Carolina Code.
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