Hardcore drunk drivers can be defined as individuals who drive with a high blood alcohol concentration (BAC) of .15 or above, who do so repeatedly, as demonstrated by having more than one drunk driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment, or education efforts.

Listed below are the terms most closely matching the definition above which could be used in South Carolina to identify these offenders:

Repeat offenders are defined in statute by 2nd, 3rd, 4th or subsequent offense within 10 years.
DUI becomes a felony on the 4th offense.

DWI REPORTING


Records on repeat offenses are one of the primary means of tracking the problem of hardcore drunk drivers.

The following are key aspects of South Carolina records:

New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are considered prior offenses in South Carolina, within the limits of the law.
The approximate number of licensed drivers is 2.6 million.
The average BAC level of offenders arrested is .16 (1993).
Statistics are not kept on repeat offenders. However, information from the records of the Alcohol and Drug Safety Action Program (ADSAP), indicates that 2nd and subsequent offenders numbered at least 2,822 in 1996.

IDENTIFICATION AND ASSESSMENT


Identifying those drivers who are likely to repeatedly drive drunk and assessing the nature of their underlying problems is essential in order to keep hardcore offenders off the road.


In South Carolina identification of repeat offenders occurs most frequently prior to charging.
In South Carolina Offenders with a high BAC at the time of arrest are treated as follows:
— All offenders are treated the same regardless of BAC.
In South Carolina Following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
— All offenders who seek reinstatement of license.
In South Carolina The assessment is conducted post-sentencing and the individual does not usually return to court for final sentencing based on the assessment.
In South Carolina Assessments are conducted by a state-certified public agency (Alcohol and Drug Safety Action Program - ADSAP). The cost is $75 and is usually borne by the offender, unless indigent.

TREATMENT


Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.


In South Carolina Results of the assessment are provided to the treatment agency. The offender is referred to treatment on the basis of the assessment by ADSAP.
In South Carolina Treatment is not mandated for repeat offenders. Offenders are required to attend education/treatment for license reinstatement. After completion of a standard 16 hour ADSAP plan, repeat offenders are, in most cases, required to undergo an additional assessment followed by intensive out-patient treatment.
In South Carolina Offenders failing to comply with the terms of their program are not eligible for license reinstatement.
In South Carolina The following treatment facility or program specifically targets the hardcore drunk driver: None.

ENFORCEMENT


While law enforcement works against drunk driving across the board, it is central in the battle against hardcore drunk drivers.

The following enforcement techniques are used in South Carolina to detect and apprehend drunk drivers:

Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping.

PROSECUTION AND SENTENCING PRACTICES


A number of factors influence the sentence a drunk driver receives.


In South Carolina There is no Anti-Plea Bargaining Statute for DUI.
In South Carolina The period of time in which a judge or administrator can review an offender¹s record (the "look-back" period) is 10 years.
In South Carolina At the time of sentencing, an individual¹s conviction records are available for consideration by the judge. For subsequent offenses, this information includes his or her entire criminal record.
In South Carolina There are graduated penalties for DUI based on number of offenses.

SANCTIONS


Sanctions against the offender may be derived from criminal action, i.e. court-ordered, or administrative action by the licensing authority as a condition of license reinstatement. Many are aimed at preventing or limiting the opportunity of the hardcore offender to drink and drive. The purpose of others is rehabilitation.

In the State of South Carolina, the following sanctions may only be ordered by the court:

Fines: $200 to $6,000 with mandatory minimums of $200 - 1st offense; $1,000 - 2nd offense; $3,500 - 3rd offense.
Incarceration - Mandatory minimums: 1st and 2nd offenses 48 hours, 3rd offense 60 days, 4th or subsequent 1 year.
Community Service: 1st offense, in lieu of imprisonment - 48 hours minimum; 2nd offense - 10 days minimum (may serve in lieu of imprisonment at the discretion of the court).
Home Confinement with Electronic Monitoring: Allowed by statute in lieu of imprisonment.
Victim Impact Panel: At the discretion of the court for 1st and 2nd offenders; a pilot program in the Tri-County area established cost of each session at $180.
Action Against Offender¹s Vehicle: Vehicle Forfeiture on the 4th offense for DUI or driving while suspended for DUI.
— Vehicle Immobilization, Vehicle Impoundment, Registration Cancellation/Plate Seizure: None.
Intensive Supervision Probation: None.
Other Special Assessments/Surcharges, (for every offender): Mandatory assessment of an additional 100% of the fine actually imposed (i.e. that which was not suspended); $100 Spinal Cord Injury Fund; Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:

Licensing Action:
— Suspension/Revocation: South Carolina has post-conviction administrative with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $30.
— Conditional Licensing: Provisional license available for 1st offenders provided that the offender participates in an education/treatment program and has no other suspensions.
— Alcohol Ignition Interlock: May be ordered by the court for repeat offenders as a condition of probation.
— Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
— Education: (1st offenders) 14 two hour sessions - $250.
— Treatment: Information Not Available.
— Intensive Weekend Intervention: None