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Restitution for surviving family of DUI victims advances

Police lights (file)
Police lights (file)

The consequences of a fatal DUI accident extend well beyond the night of the crash. Now, lawmakers are considering a bill that would support the families of those involved moving forward.

This proposal would give the legal system the authority to order offenders convicted of vehicular homicide to pay restitution if a child has lost a parent as a result of the crash.

Sioux Falls Democratic Rep. Kadyn Wittman said she was motivated by similar legislation advanced nationwide, but also the loss of a friend in a DUI accident. She said the survivors are left with major uncertainty.

“I remember talking to her husband afterward, and how they were going to pay for childcare, how they were on her health insurance, and he had no idea how they were going to survive," Wittman said. "That experience never left me, and the bill I bring today offers clear criteria for calculating child support including the child’s needs, the resources of the surviving parent, living standards, education, custody arrangements and childcare expenses.”

Wittman said her proposal offers meaningful justice to families.

“By offering practical support to these impacted, it addresses the aftermath of drunk driving comprehensively," Wittman said. "It represents a crucial step in deterring drunk driving in our state and ensuring support for innocent victims.”

It’s a bill with wide support from national advocacy networks. Frank Harris, director of state government affairs for Mothers Against Drunk Driving, said it’s both a deterrent to drunk drivers and a hand up to victims.

“This bill does serve as another reminder – the violent crime of drunk driving is 100% preventable, and if you do commit the crime and there is a situation that involves children, there is another consequence," Harris said. "What this bill does do is set up a framework for victims to get justice.”

The bill was passed unanimously Thursday in the Senate Judiciary Committee and next goes to the Senate floor.

C.J. Keene is a Rapid City-based journalist covering the legal system, education, and culture