Carrying the Torch of Reform

SC DUI Reform

  • Battle Cry

    A Battle Cry to South Carolina Legislators

    Button

    • South Carolina Ranked Among Worst States For Drunk Driving

    post and courier letters

    Toughen laws as a way to prevent fewer felony DUI deaths: Letters From Our Post and Courier Readers

    Mar 27, 2023 


    South Carolina was recently listed by Forbes magazine as third in the nation for people killed in drunken driving accidents per 100,000 residents. And about 30% of all traffic accidents in South Carolina were caused by a drunken driver.

    I believe we could reduce these alarming numbers with these actions:

    ·         Tighten DUI loopholes.

    ·         Enact tougher penalties on the first charge.

    ·         Institute heavier fines.

    ·         Require ignition interlock devices, which prevent user from being able to start their vehicle after drinking alcohol.

    ·         Improve drug and alcohol education and rehab programs.

    ·         Change state sentencing guidelines to be more consistent with most other states, which classify DUI as a nonviolent crime, even when it involves serious injury or death.


    Increasing the fines and DUI sentencing on initial arrest should lead to fewer felony DUI deaths, which is the goal we are striving for.


    South Carolina classifies felony DUI as a violent crime and requires those convicted to serve 85% of a maximum 25-year sentence with no chance of parole, or work or good behavior credits.


    I believe this sentencing is unjust. DUIs can happen to anyone. How can one be accidentally violent? There is no violent intent in a car accident.


    Legislators I have spoken with are in agreement that DUI offenders are not violent criminals. The state's harsh sentencing penalties have failed to deter deaths because penalties never prevent a crime someone doesn't intend to commit.


    I am the author of "The Radical New Me", a book that shares my son's tragic felony DUI accident. I am the mother of that drunken driver, and this is why I am so passionate to carry the torch for DUI reform.


    I don't want anyone to go through what our families have suffered.


    I  encourage all South Carolinians to contact their legislators to offer and pass legislation that would save lives on our highways.

    By: Donna Jarrell 

    Felony DUI offenders were wrongly added to the violent crimes list. This has caused longer prison sentences with mass incarcerations and no hope for parole or early release for those rehabilitated and changed. 

    I am the mother of a drunk driver. My son has a felony DUI in South Carolina, and is currently serving prison time. I founded POID, Parents of Intoxicated Drivers, and advocate fighting for South Carolina to take felony DUI offenders off the violent crimes list because they are not violent criminals. They were in an unintentional car accident, never intending to break the law or hurt anyone. SC felony DUI offenders:

    • Have 25 yr. max sentencing
    • Serve 85%
    • No parole
    • No work credits
    • No good behavior credits 
    • No incentives for early release

    Reasons why Felony DUI SHOULD BE TAKEN OFF THE VIOLENT CRIMES LIST AND CHANGED INTO A NON-VIOLENT CRIME

    • 1. Felony DUI: Legal Alcohol, Illegal Drugs, Legal Prescriptions (labeled Do Not Drive)

      a.  Violent Crimes List (Extreme Drug Crimes) 85%/No Work Behavior Credits/No Parole

      b.  Proposed Reform: Make it Non-Violent 65%/Get Work Behavior Credits/51%/Parole 

      c.  For intoxication .08 BAC (Blood Alcohol Level) is same in all states  

      d.  THC levels for Marijuana: Some states have 4.0 threshold / SC is 1.0 for impairment.

      e.  Catherine (SCDC Inmate) Legal Prescriptions- 21yrs (85%) Violent Criminal

    • 2. SC Be Consistent with lower max sentences in our 4th Circuit Jurisdiction & Non-violent

      a.  MD 5yr max/serve 2.5; VA 10yr max/serve 5; WV 15yr max/serve 7.5; NC 17yr max/serve 8.5

      b.  Felony DUI gets Parole & Non-Violent serving half of much lower Max Sentences vs South Carolina

      (max 25yr); Violent serving 85% of 25 much higher max 25 yr is 21.25 yrs

      c.  Offenders in 4th Circuit serve no more than 8.5 yrs vs SC with 21.25 yrs

    • 3. SC Be Consistent with sentencing in Southeastern States

      a. Offenders Serve No More Than Kentucky & Maryland 2.5yr; Virginia & Alabama 5yr; Louisiana 7yr; Georgia & West Virginia 7.5yr; North Carolina 8.5yr; Mississippi 12.5yr; Florida 12.75yr; Tennessee 15yr; and South Carolina 21.25yr.

      b. All are nonviolent except SC & Florida and serve over half (51%) of their max sentences with Good Behavior/Work Credits & Parole.

      c. SC offenders are violent serving 85% of max 25yr which is 21.25yr, the longest & harshest sentencing of Southeastern states

      d. Florida offenders are violent BUT serve 85% of lower max 15yr which is 12.75yr, quite a discrepancy from SC.

      e. Kentucky & Maryland offenders serve the shortest sentencing of 2.5yr.

    • 4. "DUI: A Crime of Violence? The Supreme Court Gets It Right."

      a. The court said, "a crime of violence" required "a higher mental state than the merely accidental or negligent conduct involved in a DUI offense."

      b. The requirement of "the use of physical force against" a person necessarily involves the intent to use that force. How can you be accidentally violent? You Cannot!

    • 5. SCDC Director Bryan Stirling Spoke at House Legislative Oversight Committee (2019)

      a.   "Felony DUI inmates have no pattern of criminality."

       b.   "They have not come in with any other crimes other than DUI."

       c.   “They are placed in level 3 prisons with gangs and armed robbers."

       d.   "They cause no trouble. When leaving prison, Felony DUI don’t come back."

    • 5. 8th Circuit Solicitor David Stumbo Spoke at Senate Corrections Penology (2019):

      a.  “Felony DUI group is the only group from Violent Crimes List that stands out that he         would include for reform and early release. Not violent people. No threat to public.”  

      b.  “They have no criminal motive or intent in a car accident to hurt anyone."

    • 6. Felony DUI are NOT Violent Criminals: Same Car Accident non-violent & violent criminal

      a.  Felony DUI Bodily Injury non-violent 15yrs/51%; Felony DUI Death violent 25yrs/85%

      b.  Can be sentenced to more years than a person who intentionally shoots someone.

      c.  Violent criminals attack/kill intentionally by raping/stabbing/shooting. 

      d.  Punishment of 25 yrs does not fit the crime for an unintentional car accident.

      e.  Take off violent crimes list, Highest Level A Category, incorrect stigma upon release.

    • 7. SC: Ranks #3 in the nation in DUI Deaths (Forbes Study)

      a.   SC harsh sentencing penalties has failed to deter DUI deaths: Need to strengthen current DUI laws.

      b.   Penalties never prevent a crime in which a person has “no intent” to commit crime.

    • 8. Alcohol Drinking, Drugged, Texting on phone & Reckless Behaviors While Driving

      a.   All have car accident victims: All called “Distracted Driving” by NHTSA.

      b.  Texting Drivers: 6X more likely to get in an accident than intoxicated drivers.

      c.  Intoxicated mind inhibits wise choices vs “sober” texting mind knows dangers.

      d.  All swerve, run a red light or backend a vehicle killing a victim. 

      e.  All have No Criminal Motive to hurt anyone but there is SAME loss of life.

      f.  Minor penalty texter/reckless driver vs Max 25 yrs 85% drunk/drugged driver

    • 9. Vast Sentencing Discrepancies for SC Felony DUI

      a. 7 Harsh SC Counties: Organizations push for 25yr Max/other counties vary 0 to 25yrs

      b. Casie (SCDC inmate)- 23 yrs w/ no previous record; Judge allowed No plea deal; 6 months later same county, same courtroom, woman got 5yrs Felony DUI.


    • 10. Current History of SC DUI Reform

      a.  Need to strengthen current DUI laws on front end to lower DUI deaths.


      b. Need to change current felony DUI laws on back end to NON-VIOLENT.


      c.  Be more consistent with the other Southeastern States with sentencing guidelines.


    • 11. SC Felony DUI Punishments After Prison Release

      a. Longer Sentencing- less likely to bounce back, rehabilitate or successful reentry.

      b. Cannot drive 5yrs unless they pay for ADSAP and interlocks upon release to drive.

      c. Payback Court fees thousands of dollars/parole officer fees

      d. Felons cannot hunt or own a gun/cannot vote/limited travel.


    • 12. Alcohol Use Disorder Research

      a.   Serious Medical Condition: brain disorder / chemical imbalance

      b.   Alcohol: Classified as a Depressant "Drug" slowing down brain functioning

      c.   Affects every age, race, gender, and socioeconomic status.

      d.   Can happen to anybody: grandma, son, daughter, you, or your spouse. 

      e.   "But by the Grace of God" many people say, "It could have happened to me."


    • 13. Felony DUI are NOT Violent Criminal: Same Car Accident Non-Violent & Violent Criminal

      a. Felony DUI Bodily Injury non-violent 15 years/51%; Felony DUI DEATH violent 25 years/85%

      b. Can be sentenced to more years than a person who intentionally shoots someone.

      c. Violent criminals attack/kill intentionally by raping/stabbing/shooting.

      d. Punishment of 25 yrs does not fit the crime for an unintentional car accident.

      e. Take off violent crimes list, Highest Level A Category, Incorrect stigma follows upon release. 

    A Heartfelt Letter

    To whom it may concern:


           My name is Casie Cunnigham #362287. I am incarcerated in Camille Griffin Graham C.I., serving a twenty-three-year sentence for felony DUI resulting in death. Those simple words cannot begin to reveal the depth of pain involved. So many lives have been altered by a choice I can't remember making, the victim's family, my family, and my sweet, beautiful daughters who are still struggling to cope with not having their mom in their daily lives. I struggled with alcoholism as a single mom, drinking while my children slept. As a preschool teacher working with my family in our own childcare centers, I was able to manage long stretches of sobriety at times through measures I took in recovery, rehab, meetings, and my relationship with the Lord. Until the horrible day on February 10, 2014, when I lost my constant battle, I waged inside myself by choosing to drink and causing a wreck that claimed the life of an innocent bystander. My addiction has claimed more than I ever imagined it would.


           I remember choosing to drink, but I have no memory of choosing to drive and honestly can't believe I allowed that. There has never been any intention to hurt anyone in my life, but it made no difference to my judge on the day of my sentencing. I pled guilty, but the D.A. chose not to offer me a plea deal, instead choosing to get the maximum penalty allowed. The judge gave me two years shy of that. It is a severe sentence. I wasn't shown the same mercy that others have been shown charged with this crime, the average being ten to fifteen years.


           My sentence is even more severe than others charged with crimes that have intention involved, and unfortunately, that is not uncommon to those of us punished under felony DUI classifications. We have no possibility of parole, our work credits, although earned, will not be calculated, and we receive no benefit for good behavior.


    We are not criminals. Most of us do our time productively, with the thought to give back to the community from whom we took so much. All we are asking to obtain is a second chance. We aren't asking to get out of our sentences or the consequences of our choices.


    I do not resent the fact that I must do time. As a citizen, I would expect it. I would just like to be heard, to be understood, and to be given a chance to make amends, to make a difference. I am praying for a House and Senate Felony DUI Sentencing Reform Bill; also the effort to reclassify this crime to something that more closely resembles the compassion I know exists in our world.


    Thank you,


    Casie Cunnigham

    #362287

    Ways you can help

    • SIGN CHANGE.ORG PETITION
    • Visit this site to find local legislators' phone numbers, addresses, dates and times of legislative meetings. https://www.scstatehouse.gov
    • Share DUI reform info with local/state legislators, family & friends, and on social media.
    • Attend legislative meetings to get support for DUI reform bills.
    • Become a volunteer.
    • Join our email list to get updates on current DUI legislation.
    • Any form of help is greatly appreciated.

    Join Our Email List To Stay Up-To-Date
    On Legislative Meetings And How
    You Can Help

    Join Our Email List To Stay Up-To-Date On Legislative Meetings And How You Can Help

    my New Book Tells WHY I'M SO PASSIONATE ABOUT FELONY DUI REFORM

    For a more detailed account about felony DUI reform, read my new book, The Radical New Me. Click here to purchase on Amazon.com or Click here to purchase on Barnes & Noble. Audio & Spanish Version Available Now!

    Need felony DUI info? Contact us today!

    Share by: