EMT blood draws and stiffer penalties. SC Senate overhauls state’s DUI laws
State senators adopted an overhaul of the state’s driving under the influence laws as an effort to curb DUIs in South Carolina. The legislation now moves to the House.
The Senate has been debating the legislation for three weeks leading off its work this year with the bill as an effort to tighten DUI laws, make those criminal penalties more severe, and reduce the number of injuries and fatalities on South Carolina roads.
“South Carolina has been leading the way for DUI deaths for the last 10 years, and we need to change that,” said state Sen. Brian Adams, R-Berkeley, who shepherded the bill through the upper chamber.
Among the goals of the legislation is to make it easier to get an DUI conviction. The legislation expands who could draw blood to test someone’s alcohol level by allowing EMTs to draw blood at locations approved by the Department of Public Health, which does not necessarily require the driver be taken to a hospital.
“With blood draws, as they mentioned, we’re expanding who can do them and where they can do them, because the time matters,” Steven Burritt, the regional executive director for Mothers Against Drunk Driving, said after a news conference Wednesday promoting the legislation. “So to have to always drive to a hospital to find one that is willing to do it works against the clock in prosecution.”
Adams said a blood draw is important because people can be under the influence of other substances such as synthetic drugs or THC drinks.
“If the officers come to see, and they know it’s not alcohol right away, they got to go to another level, to where they can find out how they’re impaired, and that blood draw opens that up,” Adams said.
The legislation also expands the use of ignition interlock devices, which prevent people from starting their vehicle without blowing in a breathalyzer to test whether someone has been drinking.
The legislation also would allow for prison time for a DUI on a third offense instead of a fourth offense. Also, any plea agreements to reduce DUI charges must be presented to a judge in a courtroom, Adams said.
The bill also would require having a higher amount of liability insurance for three years after having a DUI.
“I want to deter people from doing it at all, and certainly you want to deter people from being repeat offenders,” Senate Majority Leader Shane Massey, R-Edgefield, told reporters Tuesday. He added he wanted to deter people from refusing to take breathalyzers or blood tests
The legislation also will help keep DUI cases moving forward when law enforcement doesn’t keep someone suspected on camera during the entire stop.
If “I’m doing a DUI arrest and something happens, we have to turn really quick or move out the way, and the camera goes off of the driver, then that is an argument in court (to) have it dismissed because I didn’t keep it on camera the whole time,” Adams said of the current law.
“We’re just saying that, that’s not grounds for dismissal anymore,” Adams added while speaking about the change proposed by the Senate.
The police videos don’t have to be perfect in order for a case to gain a conviction. Glitches in video evidence can lead to DUI cases being pled down, Burritt said.
“We’re now just saying, do your best to get a good video. But if something goes wrong, it doesn’t mean the case is ruined,” Burritt said.
Reporter Lucy Valeski contributed to this article.
