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South Carolina legislators are seeking to pass a bill that would make it easier for law enforcement officials to make DUI arrests and implement stricter penalties for repeat offenders.
“What I understand prosecutors and law enforcement want is to punish the person who keeps coming back three or four times. That's what this bill is aimed at, and I think law enforcement and prosecutors will find this to be more workable,” said Rep. Keith Kelly.
If passed, the bill would establish graduated penalties based on blood-alcohol content, including mandatory jail time for the third offense. The legislation would also stop requiring officers to advise suspected DUI offenders of their Miranda Rights more than one time.
While some legislators see this bill as an improvement on existing laws, not everyone agrees that it goes far enough.
“I applaud them for adopting a graduated penalty structure and for simplifying the arrest process, but second offense ought to be mandatory jail time. And it ought to be enough time to prevent a third offense,” said Trey Gowdy, 7 th Circuit Solicitor.
Rep. Scott Talley also said he thinks jail time should be required prior to the third offense, especially in cases involving higher levels of intoxication.
“The loopholes that exist now frustrate law enforcement. If you make somebody sit in jail for 30 days, that's how you get serious about dealing with this problem,” Talley said.
The House Judiciary Committee approved the bill on Tuesday, moving it to the full House for debate. To be considered by the Senate, the bill must first gain a House vote of at least two-thirds.
(Source: Spartanburg Herald-Journal online)
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