Senate expected to decide today on tougher DUI law
February 21st, 2008COLUMBIA — The Senate gave second reading Wednesday to a bill to toughen penalties for repeat drunken drivers.
Senators are expected to give third reading to the bill Thursday and send it to the House, which has already passed a different version of the bill.
House leaders wasted no time in criticizing what the Senate did to the legislation, accusing senators of “weakening” the bill. They said they believe the House version is what is needed to attack drunken driving in the state. They also pointed to the state’s ranking for years near the top of the nation in DUI-related deaths.
“This is an unacceptable statistic, and it’s amazing to me that the special interests weakening this legislation might think they are helping South Carolina,” House Majority Leader Jim Merrill of Charleston said in a statement Wednesday.
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The Senate version includes enhanced penalties for drunk drivers with children in their cars, those who have a blood alcohol reading of .16 or more and repeat offenders.
Senators removed a clause objected to by Gov. Mark Sanford and others that would have required police to issue a roadside warning before giving a field sobriety test. They replaced it with a clause that says refusing the test doesn’t constitute disobeying a lawful police order.
Sanford said a statement released late Wednesday, “While I would thank many in the Senate for getting rid of one roadblock for law enforcement in terms of the roadside warnings, we’re disappointed that they did not go as far as the House in terms of toughening penalties for first offenders and for refusal to take breath tests.”
Sen. Brad Hutto, chairman of a Senate subcommittee that worked on the bill, told the Senate that the House likely wouldn’t go along with the Senate version and the legislation would wind up in a negotiating committee.
He praised the bill.
“We’ve worked hard to produce a bill that’s tough, fair and will serve the people of South Carolina,” he said.
The bill offers a tiered penalty system that increases with higher blood alcohol readings. The House version applied the tiered system to all of those charged with DUI. The Senate version applies it to repeat offenders and those on first offense who register at least a .16 in a blood-alcohol test.
Several amendments were offered on the Senate floor but the one which consumed most of the debate Wednesday was a move by Sen. Larry Martin of Pickens to remove the roadside warning. He said the warning was unnecessary since police already are required by state law to give two Miranda warnings, once before someone is arrested and a second time before a blood-alcohol test.
Some senators worried that small-town police would charge motorists who refuse field sobriety tests with disobeying a lawful order.
“Some of them see too many ‘Starsky and Hutch’ reruns,” Senate President Pro Tempore Glenn McConnell said.
Martin then introduced a new amendment that states motorists aren’t violating the law by refusing a field sobriety test.
He said he feared that adding a roadside warning would invite drivers to refuse the test. Other senators worried that such a warning, if not given, could result in the exclusion of the field tests in court.
Greenville News
Tim Smith
2/21/08