SC’s penalty for DUI offenders just got tougher and broader. Here’s what to know
Anyone convicted of driving under the influence in South Carolina with a blood alcohol level above .08% will have to get a device to prove they are sober in order to start their vehicle, under an expanded law.
The move is an expansion of the state’s ignition interlock device program, which was created under the 2014 “Emma’s Law,” named for Emma Longstreet, a 6-year-old killed on New Year’s Day 2012 by a drunk driver.
Previously, the program applied to those with a drunk driving conviction of having a blood alcohol level of .15% or higher or a second DUI offense.
“It’s OK to drink if you want to, and it’s OK to drive if you want to, but you can’t do both at the same time,” Gov. Henry McMaster said at a ceremonial bill signing Wednesday.
State Sen. Brad Hutto, D-Orangeburg, had pushed for a more stringent law that would require anyone arrested for DUI but not yet convicted to be required to get the device. That provision was removed in the House as part of a compromise to move the bill forward.
For some, just getting arrested for DUI and spending a night a jail is the wake-up call not to offend again, Hutto said.
“There are others out there, who are alcoholics, and they just they almost can’t help themselves. They need this device, and they need early intervention,” Hutto said.
Hutto said he plans to reintroduce the more strict measure again.
But Hutto said the expansion that was approved will help save lives, and he called the bill signing a “great day for highway safety” in the state.
Hutto, an attorney who represents DUI offenders, has been pushing for three years for this expansion of Emma’s Law. It finally passed both chambers earlier this year.
“My clients come in, and they’re making bad judgments and my gosh, when I saw that this machine could help them not make those bad judgments, I said, ‘You know, we’ve got to do this even though it might cause me to lose half my clients.’ But you know, it’s the right thing to do. It’s right for highway safety,” Hutto said.
The South Carolina Highway Patrol makes about 6,000 to 8,000 DUI arrests per year, and all law enforcement in the state could make up to 15,000 DUI arrests in a year, said Col. Christopher Williamson, the commander of the South Carolina Highway Patrol.
One-third of the 1,037 traffic fatalities last year were due to alcohol use, Williamson said.
“We know this law is not a cure-all for impaired driving by any means,” Williamson said. “But expanding the criteria for those who will now be required to install these ignition interlock devices will help prevent more South Carolinians from becoming another grim statistic.”
This story was originally published July 12, 2023 at 2:47 PM.
