By Robert Kittle
South Carolina has the highest rate in the nation for DUI-related deaths, and police and prosecutors say one contributing factor is a loophole in the state’s DUI law. In 2013, 335 people died in South Carolina in alcohol-related crashes.
State law requires police to videotape DUI stops. The loophole comes in when the driver isn’t visible on camera because he stumbled out of frame, or maybe his feet can’t be seen while the officer is having him walk heel-to-toe in a straight line.
York County Solicitor Kevin Brackett explains one dashcam video of a man pulled over for DUI.
“Stumbled through all their field sobriety tests. Open container of alcohol found inside the car. Blew a .24, three times the legal limit in South Carolina. And, if you can see in the video as it’s positioned right now, you can’t see his feet right there. And because of that, this was deemed a violation of the videotaping statute and this case was dismissed,” he says.
Spartanburg Solicitor Barry Barnette says the law is making it difficult for police and troopers. “When they meet a DUI driver it could be anywhere. The lighting’s an issue. Where they’re standing’s an issue.”
In one case, it was dark and the driver’s face couldn’t be seen on camera as the officer had the driver close his eyes and touch his nose. The DUI charge was thrown out.
In another video, the lighting is good and the picture is bright. But the charges were dismissed because, as the woman was walking heel-to-toe in a straight line, her right foot would block the view of her left foot on camera, and as her left foot came in front it would block her right foot from being seen.
Sen. Brad Hutto, D-Orangeburg, says, “What we’ve got now is a situation where a person can create their own defense by doing something that takes them off the camera through no fault of law enforcement’s at all.”
He and Sen. Larry Martin, R-Pickens, say lawmakers will close the loophole. There’s a bill in the House and one in the Senate to do that. “None of us had that intention, so we’re here today to correct that obvious problem that has developed,” he says.
MADD South Carolina Program Director Steven Burritt says this loophole hurts the effectiveness of another new law aimed at preventing DUIs. Emma’s Law requires drivers convicted of DUI to put ignition interlocks on their cars, which prevent the cars from starting if any alcohol is detected on a driver’s breath. “It will save lives in this state, but people only get those devices when there are convictions for DUI. We don’t have convictions on cases where there should be, we’re not truly reaching the effectiveness that Emma’s Law was intended to have,” he says.
