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Drunk drivers face stiffer penalties

2008-04-16 / Local News

By TIM GULLA Ledger Staff Writer tim@gaffneyledger.com

Drunk drivers who get caught by police will face increased penalties beginning in February 2009.

After several weeks of wrangling between South Carolina's House of Representatives and Senate, a compromise bill placed before Gov. Mark Sanford was signed into law Tuesday morning. The new DUI law not only lays down new penalties based on the number of DUI offenses in an offender's past, but dictates penalties based on a DUI offender's alcohol content.

A first-time offender, for instance, will face minimum fines from $400 to $1,000 or jail time of 48 hours to 30 days depending on the level of alcohol in his or her blood at the time of the arrest. Second and subsequent offenders face even greater monetary penalties and mandatory prison sentences that can't be worked off through community service. The minimum sentence for a third-time offender will start with a $3,800 fine and 60 days imprisonment.

A fourth time offender with a blood alcohol content above .16 would face at least three years behind bars.

A strong proponent of tougher DUI laws, Seventh Circuit Solicitor Trey Gowdy had made numerous trips to Columbia in recent months to push for new rules. While happy the state made significant reforms, Gowdy was withholding personal judgment on the changes.

"It's definitely tougher," he said. "It's easier for law enforcement and prosecutors. But is it effective? I can't answer that until I see 12 months worth of traffic fatality data. The proof to me will be whether our roadways are safer."

Gowdy lauded Sanford for his continued push for tougher laws in South Carolina.

"We would not be here unless he stayed persistently on top of it. He deserves high marks, as do some members of the legislature who have been pretty staunch advocates," Gowdy said.

The biggest changes, from Gowdy's perspective, are new tiered penalties for drunk driving, increased penalties for a driver's refusal to submit to a breath test, and changes in the way police notify suspected drunk drivers of their rights.

Under the existing law, drunk driver's must be advised of their rights multiple times, Gowdy said, a right not given to those charged with more serious offenses.

"This bill sends a clear message to law enforcement that we're serious about giving them the tools they need to keep people safe," according to a prepared statement from Sanford. "This law represents an important and very concrete step forward in making our roadways safer in South Carolina, and as a consequence improve the quality of life for all South Carolinians."

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