MADD South Carolina releases ‘Deadly Results’ report, urges reform

A new report issued by Mothers Against Drunk Driving (MADD) South Carolina, titled “Deadly Results,” shares what percentage of misdemeanor DUI arrests in several large counties actually end as convictions with most having an under 50% conviction rate. MADD suggests that these concerning findings directly correlate with the state’s negative rankings on impaired driving and the fact that more people died on South Carolina roads in 2021 than in any year in the state’s history.  

 

“In light of these disturbing recent trends in traffic safety, we can’t look at these numbers any longer and stop at just being disappointed,” said MADD South Carolina Executive Director Steven Burritt. “When the way we treat first-time DUIs screams ‘no big deal’ or ‘let’s cut them a break,’ we only have ourselves to blame when those same people might eventually take an innocent life. We’re long overdue for some real changes to how we do things.”

 

The findings come from multiple years of MADD tracking the outcome of DUI cases through in-court observation or following them via online records. Analyzing 3,424 cases from Berkeley, Charleston, Greenville, Horry, Lexington, Richland, and Spartanburg counties combined, they found conviction rates ranging from 17% to 71%. MADD’s data does not include every DUI arrest in those counties. For multiple counties, more DUI arrests that MADD tracked ended up as reckless driving convictions rather than DUI convictions. There were also sizable percentages of cases they could no longer find in the public record, typically meaning they were dropped by a prosecutor or dismissed by a judge.  

 

MADD dedicates the report to the memory of Ashley Avant, a young mother of three from Andrews, South Carolina, who was killed in 2019 by a man recently convicted of two counts of felony DUI. He had multiple previous DUI and BUI (Boating Under the Influence) arrests.

 

Recent state drunk driving fatality data raise even more concerns on top of the state’s traditionally poor rankings. From 2019 to 2020, drunk driving deaths rose from 276 to 315 (14%), even in a year when driving was down 7% due to the pandemic. The federal government should soon release what percentage of the historic number of 2021 state traffic deaths are attributable to drunk driving, but it likely will exceed 315.  

 

“We’re not lacking ideas on how we can address this crisis,” Burritt said. “We do, as a state, seem to be lacking the will.”

 

MADD points to a life-saving DUI reform measure that has now died in the South Carolina House of Representatives the last two legislative sessions after almost unanimous passage in the Senate. The bills would have strengthened “Emma’s Law” that relates to the required use of ignition interlock devices for convicted DUI offenders.  

 

Thirty-four states have an “all offender” law that would require the devices after any DUI conviction, but South Carolina is not one of them. Among many other recommendations, the report suggests that law enforcement agencies and their prosecutors seriously consider attending all administrative hearings for those who refuse the breath test to ensure they face a driver’s license suspension or to use that as leverage to get a guilty plea on the criminal DUI.  

 

Other recommendation areas include:

● Amend the state’s dash cam video recording statute so that the other evidence in a DUI arrest can be used even when there is a problem with the video.

 ● Encourage adequate resources for DUI prosecution so that attorneys are prosecuting rather than officers. More aggressive prosecution of DUI cases is needed overall so that more offenders are held accountable with the appropriate penalties and not pled down to reckless driving charges. 

 ● Urge judges to own the culture of how DUI cases are handled in their courtroom and to recognize the impact of case delays by the defense on the likelihood of a conviction. They also need to protect the rights of pro se defendants while not going so far as to refuse any guilty pleas or advise those individuals on their defense. 

 ● Increase training for officers on proper handling of DUI arrests as officer error on these very complicated cases can ensure there will not be a conviction.

 ● Embrace technology to aid in the fight against DUI including increased use of ignition interlock devices so that they are required of all convicted offenders and those who want to drive after refusing, electronic methods for getting a search warrant more efficiently, and teleconferencing services to simplify the logistics of court hearings that can sometimes prevent convictions.

 

The full report can be found on the MADD South Carolina website, madd.org/sc, or you may email sc.state@madd.org to request a copy.

 

Founded in 1980 by a mother whose daughter was killed by a drunk driver, Mothers Against Drunk Driving (MADD) is the nation’s largest nonprofit working to end drunk driving, help fight drugged driving, support the victims of these violent crimes and prevent underage drinking.