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S.C. DUI law gets tougher today

By T&D Staff and AP Reports  Tuesday, February 10, 2009

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COLUMBIA -- Drunken drivers will start facing different penalties depending on whether they're tipsy or trashed.

The new law that takes effect at noon Tuesday ties tougher sentences to the amount of alcohol in drivers' bodies. It also increases penalties for repeat drunken drivers and closes some legal loopholes that critics said allowed suspects to escape punishment.

Law enforcement officers joined Gov. Mark Sanford at the Statehouse on Monday to discuss the law. The Legislature approved it last April after a year of debate.

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

The law creates a tiered penalty system based on how many times drivers are convicted and how much alcohol they have in their system. The blood-alcohol limit is 0.08 percent. The new penalties get harsher at 0.10 percent and again at 0.16 percent.

Among other things, the new DUI law will:

* Close the Miranda warning loophole. The new law removes the requirement of an officer reading a DUI suspect his or her Miranda rights three times. Under the new law, the officer only has to read the warning once upon arrest.

* Have a stronger breath-test refusal penalty. A suspect will have his or her driver's license suspended for six months, instead of three, for refusing a breath test. Suspension times for refusals increase upon subsequent offenses.

* Require counseling. Convicted drunk drivers, including first-time offenders, must successfully complete an alcohol and drug treatment program.

To raise awareness about the law, the S.C. Department of Public Safety launched a public information and media campaign in October at the S.C. State Fair, where SCDPS distributed flyers summarizing the law.

A series of TV commercials began airing Feb. 2. They feature a trooper from the Highway Patrol and a deputy from the Lexington County Sheriff's Office. The TV spots illustrate how state and local law enforcement are working together to crack down on DUI and how the new law will help combat this serious crime.

To ensure officers are ready to enforce the new law, the SC Commission on Prosecution Coordination, which receives federal funding through SCDPS' Office of Highway Safety, has presented workshops to law enforcement groups. Also, SCDPS printed and distributed quick-reference cards to law enforcement agencies.

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