New, stiffer drunk driving laws aimed at improving state's woeful DUI death rate

As we get ready for the next big holiday, New Year’s Eve, let’s take a moment for a few sobering observations.

The state of South Carolina has the second highest percentage of highway deaths involving drunk drivers in the United States. Incredibly, 44 percent of all road fatalities in our state are caused by over-indulgent motorists, according to the Mothers Against Drunk Driving organization.

The current MADD campaign encourages — and, yes, urges — all states to require all convicted drunk drivers to have interlock devices installed on their motor vehicles. Ignition interlocks prevent people from driving with alcohol in their systems — they prevent up to 95 percent of repeat offenses.

On a college lecture trip to Dallas, I picked up a brochure that was distributed to students on the subject of driving under the influence. We all have an opinion on “binge” drinking, but the pamphlet described the subject very well.

“Binge drinking is defined as five standard drinks in a row for men and four for women. A ‘standard’ drink is 12 grams of pure ethanol. That equals 12 ounces of beer or wine cooler, 8 ounces of malt liquor, 5 ounces of wine or 1.5 ounces of 80-proof distilled spirits.

Based on the pamphlet, “Alcohol affects women more quickly than men, adjusting for weight, because men’s bodies have a greater percentage of water by volume.”

Now that I have your attention, is binge drinking the same as alcoholism? Not according to the information being quoted. “Binge drinking is not alcoholism, but binge drinkers are more likely to become alcoholics. The disease of alcoholism worsens over time until alcoholics crave alcohol and can’t limit their drinking … It’s a true, physical addiction, complete with painful withdrawal symptoms. And, it can happen to anyone.”

Ouch!

There is a new DUI law in South Carolina. Jeffrey B. Moore, the executive director of the South Carolina Sheriffs’ Association, brings us up to date.

“The new law provides harsher punishments depending on the amount of alcohol consumed, the higher the blood alcohol concentration, the stiffer the penalty. Repeat offenders will also face longer periods of imprisonment and larger fines. Even first-time offenders will now be required to successfully complete an alcohol and drug-treatment program.

“The loss of the offender’s drivers license for failure to submit to a breath test will also increase, dependent on prior offenses.

“The old law provided for only 90 days suspension for refusal to submit to a breath test or 30 days if a person submitted to a breath test and registered a blood alcohol concentration of .15 or higher.

The new law increases the suspension for refusal to at least six months for the first offense, nine months for the second offense, 12 months for the third offense and 15 months for the fourth or subsequent offense.

“If a person submits to a breath test and registers a blood alcohol concentration of .15 or more, his license will be suspended for one month for the first offense, two months for the second offense, three months for the third offense and four months for the fourth or subsequent offense.

”The new law removes several loopholes that have been used to obstruct law enforcement’s introduction of evidence into a DUI trial, such as the requirement for multiple Miranda warnings when such warnings are not required to protects the driver’s Fifth Amendment rights. Law enforcement officers are now only required to read a suspect his Miranda warnings once during his arrest.

“The new law also permits law enforcement to give a suspect additional tests beyond the breath test if he registers a .08 or more.”

In addition to the above, the South Carolina Commission on Prosecution Correction adds these additional points of clarification of the new law. It defines the process as DUI, or DUAC, “Driving with an Unlawful Concentration.” In such cases:

• Law enforcement must advise suspect verbally and in writing they don’t have to take a breath test.

• Suspects can now be charged with DUAC during a license checkpoint or traffic roadblock.

• Mopeds are no longer an exception to the general definition of a motor vehicle.

• The definition of operator and driver is expanded to cover the person in physical control of a motor vehicle anywhere, not just upon a highway.

By all means, have a happy — and safe — New Year’s!

George Spaulding is a retired General Motors executive and distinguished executive-in-residence emeritus at the School of Business and Economics at the College of Charleston. He can be reached at 2 Wharfside St. 2A, Charleston, S.C., 29401.