S.C. drunken driving laws get tougher Tuesday

New state laws that get tough on drunken drivers go into effect Tuesday and bring larger fines and longer jail sentences for first-time convictions. In addition, repeat offenders will now be required to install Breathalyzers in their cars to get their licenses back.

Under the driving-under-the-influence statute signed by Gov. Mark Sanford in April, penalties will increase for first-time offenders from up to 30 days in jail to a possible 90-day sentence, with larger penalties for subsequent convictions.

The statute also established a tiered system in which those with blood alcohol content levels above .10 and .16 receive harsher penalties and larger fines than those with lower BAC levels.

The state's legal limit will remain up to .08 percent.

Under a separate new law, drivers convicted of a second offense will have their license taken away for a year. Any jail time is at the court's discretion and can run from a minimum of five days in jail to a maximum of one year. In order to get their license back, second offenders must, at the end of the year's suspension, pay for and have installed a calculator-sized Breathalyzer hooked into the car's ignition system.

The Ignition Interlocked Device Program will keep drivers with a BAC above .02 from starting their car. The device will cost the driver $90 a month, money that goes into a fund to help those who can't afford the device pay for it, state officials said.

Those with a third conviction face fines of $38,000 to $63,000 and jail terms of 60 days to three years.

Fourth-time offenders don't face fines. The fourth offense is a felony. These drivers face jail terms ranging from one to five years in prison.

Pete O'Boyle, spokesman for the S.C. Department of Probation, Parole and Pardon Services, which will oversee the car device program, said several hundred South Carolinians who are convicted a second time this year will be forced to have the devices installed in their cars.

Sheriff P.J. Tanner said there are offenders in Beaufort County who might face those consequences.

"We have several people who make the bad decision to drink and drive in this county," he said. "We have many who are repeat offenders and haven't learned their lesson."

The device will keep a log of the number of times a driver fails the Breathalyzer, and will test drivers at random intervals during trips. If a person fails one of those in-motion tests, the horn could blow and headlights could flash until the car is turned off, said Debra Coffee, vice president for governmental affairs for Smart Start, one of the companies that produces the device.

In 2005, New Mexico became the first state to require first-time offenders to install the device. That state has seen a 50 percent decrease in DUI-related fatalities, Mother's Against Drunk Driving statistics show.

The new South Carolina laws are "a major improvement and will give law enforcement more tools to combat drunk driving," Beaufort County Solicitor Duffie Stone said.

Tanner agreed.

"When these guys are caught, this is almost never the first time they've ridden around drunk," he said. "It's just the first time they've been caught. ... That's where we have to get at them. We have to get them to make better decisions, like taking a cab to the bar or giving up their keys to a friend. That's where we need to be making progress."