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Tougher DUI law will go into effect Feb. 10; local cops preparing for change

2009-02-04 / Front Page

By TIM GULLA Ledger Staff Writer tim@gaffneyledger.com

Beginning Feb. 10, getting caught for drinking and driving will become a lot more costly.

New DUI laws will go into effect that day and police and advocates for the victims of drunk driving are hoping new penalties will have positive impacts in stopping people from driving drunk.

Among the many changes in the new laws, fines and jail sentences are now tied to the level of alcohol in a person's system when they're caught.

First-time offenders can face fines or imprisonment under the new law. Fines for a first-time offender range from $400 for those in the lowest tier of unlawful blood alcohol content (.08 to .1) to $1,000 for those in the highest tier (.16 and above). First-time offenders also can face jail time from 48 hours to 30 days, depending on their blood alcohol content. In South Carolina, the legal limit is a .08 blood alcohol level.

The fines and penalties ramp up greatly for those convicted of repeat offenses. A second offense calls for at least a $2,000 fine and five days imprisonment at the lowest blood alcohol tier, while a third offense carries a fine of $3,000 and 60 days imprisonment at the lowest blood alcohol tier.

The 56-page legislation includes numerous other changes as well, some of which may make police officers' jobs a little easier.

Under the old DUI law, officers had to give a suspected drunk driver their Miranda rights three separate times. Now they'll only have to give it once.

"The officers are behind (the new law) 100 percent," said Gaffney Police Chief Rick Turner. "For too long, our officers have locked these people up and seen the effects of drunk driving, the innocent victims of drunk driving, only to see (the drunk drivers) out doing the same thing the next weekend."

Local officers have been getting trained on the new law. Blacksburg Police Department officers were watching videotapes about the new law Tuesday and reviewing packets of materials sent by the Department of Public Safety, said Blacksburg Police Sgt. Peter McBride.

"It (the new law) makes it more logical and reasonable," McBride said. Referring to the old multiple Miranda requirements, he said, "There's no other charge in the world we have to do that for."

Turner said all of his officers who are trained to operate breath testing machines have already taken classes on the new law while the remainder have been receiving instructions on it as well. "We're ready for it now," he said.

Ann Sellars of the Spartanburg chapter of Mothers Against Drunk Driving, which also includes Cherokee County, knows all too well the dangers of drinking and driving. Her son was severely injured in an April 13, 2001, car crash and was pronounced brain dead April 15, 2001, which was Easter Sunday.

"It (the new law) may not be everything we hoped it would be but we are certainly glad to see any improvement," Sellars said.

Looking at how other states deal with drunk driving, Laura Hudson, the vicechair for public policy at the South Carolina Mothers Against Drunk Driving, said it's believed South Carolina's new law will have positive effects.

"We're hoping for some reduction," she said. "We don't know what kind of reduction, but based on other states we know we can expect some."

MADD and others, including 7th Circuit Solicitor Trey Gowdy, who is a strong advocate for tougher DUI laws, wanted to see even greater penalties and less room for DUI offenders to challenge their arrests based on technicalities.

Many pages of the DUI law center on police responsibilities in regards to testing and videotaping as well as all of the avenues that DUI offenders can use to challenge their arrests.

Hudson said MADD would like to see some of those items removed, but is happy to have a tougher law overall.

"Legislation is kind of like marriage," she said, "a series of compromises."

The new law won't impact pending DUI cases.

CHANGES AT A GLANCE

Beginning Feb. 10, tiered penalties for drinking and driving will be tied to blood alcohol content (BAC). The legal limit in South Carolina is a BAC of .08 percent. Penalties ramp up for repeat offenses.

FIRST OFFENSE

The lowest tier (for a blood alcohol content of .08 and higher) calls for a fine of $400 or 48 hours of imprisonment or community service.

The second tier (for a blood alcohol content in the range of .1 to .159) calls for a $500 fine or 72 hours of imprisonment or community service.

The third tier (for a blood alcohol content of .16 and above) calls for a $1,000 fine or 30 days of imprisonment or community service.

SECOND OFFENSE

The lowest tier calls for a $2,100 fine and no less than 5 days imprisonment.

The second tier calls for a $2,500 fine and no less than 30 days imprisonment.

The third tier calls for a $3,500 fine and no less than 90 days imprisonment.

Fines for a second offense cannot be suspended to an amount less than $1,100.

THIRD OFFENSE

The lowest tier calls for a minimum fine of $3,800 and no less than 60 days imprisonment.

The second tier calls for a minimum fine of $5,000 and no less than 90 days imprisonment.

The third tier calls for a minimum fine of $7,500 and no less than 6 months imprisonment.

FOURTH OFFENSE

The lowest tier calls for imprisonment of no less than a year.

The second tier calls for imprisonment of no less than 2 years.

The third tier calls for imprisonment of no less than 3 years.

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