South Carolina House passes amendment to Emma's Law

April 11, 2014 (Press-News.org) South Carolina House passes amendment to Emma's Law

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Like many states, drunk driving is a serious problem in South Carolina. As a result, the legislature has enacted strict penalties for offenders. However, those penalties are about to get much more strict, according to the most recent news from the South Carolina Legislature.

Recently, the South Carolina House voted 112-0 to pass an amendment to Emma's Law. This law is not yet final and must pass the Senate and be signed by the Governor.

Emma's Law is named for 6-year-old Emma Longstreet, a Lexington County girl killed by a repeat DUI offender in 2012. The amendment in question takes aim at serious first-time drunk driving offenders. It is the first attempt by the state legislature to address the drunk driving death rate in several years.

Provisions of the law

The bill amending Emma's law has proposed three main changes. The first change would affect drivers that blow a blood alcohol content (BAC) of .15 or greater on a Breathalyzer who are later convicted of or plead guilty to first-offense DUI. If passed, the bill would require these drivers to install an ignition interlock device on their vehicles for a period of one year.

An ignition interlock device is a device about the size of a cellphone that is connected to the vehicle's ignition. In order to operate the car, the driver must blow into the device when starting the car and at periodical intervals while driving. If the device detects alcohol on the driver's breath above a certain level, it cuts the ignition and records the event on its hard drive in order to be accessed later by the offender's probation officer. Under the current DUI law, ignition interlock devices are only required for repeat DUI offenders.

The bill would also mandate ignition interlock devices for first-time DUI offenders that refuse to submit to a Breathalyzer test after being stopped on suspicion of drunk driving, provided that the suspected driver is later convicted. Under the bill's provisions, drivers that refuse a breath test would also be ineligible for provisional licenses.

The final provision of the bill addresses the many loopholes in the current DUI law. The bill closes many of these that allowed those charged with DUI to avoid or delay a trial, receive light sentences, and get back on the road quickly.

An attorney can help

The changes to the law were proposed largely because South Carolina has one of the nation's highest death rates from drunk drivers. In 2012, the latest year that statistics are available, 358 people in the state died in drunk driving accidents. Having passed the House, the bill now will go to the Senate for a vote.

As approval in the Senate is expected, it seems likely that the penalties for DUI offenders are about to become more severe, particularly for first-time offenders. If you have been arrested on suspicion of drunk driving, you face a significant loss of freedoms, heavy fines and possible jail time. As a result, it is important to have an experienced criminal defense attorney by your side throughout the process. An attorney can advise you of your rights and work on your behalf to obtain the best possible outcome.