COLUMN: DUI doesn't just mean drunken driving

The Law: S.C. Code of Laws Section 56-5-2930 outlines the violation of operating a motor vehicle while under the influence of alcohol or drugs. This law prohibits a person from driving a motor vehicle while under the influence of alcohol or drugs or both to the extent that a persons faculties are materially and appreciably impaired. If certain conditions are met, a driver may be charged under S.C. Code of Laws Section 56-5-2933 (driving under an unlawful alcohol concentration). If you have a blood alcohol concentration (BAC) of 0.08 percent or higher it is inferred that you are under the influence.

If you cause great bodily injury or death while you are driving under the influence you will be charged with felony driving under the influence (S.C. Code of Laws Section 56-5-2945) and will face up to 25 years in prison and a fine of $5000 to $25,000 depending upon the extent of the injury inflicted or if death occurs.

Also, S.C. Code of Laws Section 56-1-286 (Zero Tolerance) indicates the following: The Department of Public Safety must suspend the driver’s license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths (0.02) of 1 percent or more.

The Memorial Day holiday is upon us and although it is a time for remembering the ultimate sacrifices made by our military heroes who paid the ultimate price for our freedom, it is also a time when folks celebrate the approach of summer time activities. Unfortunately, though, it’s also another one of those holidays associated with greater numbers of people who attempt to drive while under the influence of alcohol or drugs or both. So be mindful that law enforcement is aware of this fact and that we will be extending no lenience if you decide to drink and drive.

With that said, I want to shift for a moment from impairment by alcohol and focus on drug impairment, specifically the use of prescription drugs. We in law enforcement frequently address alcohol impairment and the effect it has on a person’s ability to operate a motor vehicle; however, over the years, little attention has been given to the effects of prescription drugs and vehicle operation. The fact is there are some people among us who believe that prescription drugs are exempt from the DUI laws and this simply isn’t correct.

The law at the beginning of this column makes it clear that a person under the influence of any drugs in a manner that causes their faculties to be materially and appreciably impaired can be charged with DUI. This simply means that all drivers are required to know what effects prescription drugs can have on their ability to operate a motor vehicle and to not drive under the influence of them. Law enforcement agencies across our state continue to have their officers attend the latest drug impairment recognition programs available, and the Florence Police Department is one of them. You would be amazed to see how accurate one of these trained officers can be in determining the type of drug or drugs that a driver is under the influence of simply by observing the person’s eye movement, facial movements and other body functions. So, if you think that law officers won’t know that you are driving under the influence of prescription drugs, you better think again.

Our officers are going to do all they can to deter drivers of all ages from operating their motor vehicles while under the influence of alcohol or drugs. We ask motor vehicle operators to help us out this year by thinking twice before driving under the influence of any type of alcohol or drugs that cause impairment. Let’s do all we can to resist the temptation and to make this a safe Memorial Day holiday.

From the Florence Police Department, have a great week!