October 13, 2003 -- When an individual is convicted of driving under the influence (DUI) in South Carolina - or is subjected to the South Carolina Administrative License Revocation (ALR) procedure - they are required to enroll in the South Carolina Alcohol and Drug Safety Action Program (ADSAP) if they wish to have their driver’s license reinstated after sanctions imposed by the court have expired.  The South Carolina Department of Motor Vehicles requires that a person who has been convicted of DUI or subject to ALR must successfully complete the ADSAP program before their license can be reinstated.  Once enrolled, the individual will be assessed to determine the problem areas that may have contributed to the DUI.  Goals are developed to address these problem areas.  Education and/or treatment services are then provided to help the individual reduce their risk of committing another violation.  Successful completion of the program appears to be immeasurable because “success” is determined by whether the individual has reduced their risk of committing a future offense – an undeterminable standard that cannot be authenticated or predicted. 

One of the treatment services ADSAP provides is referred to as Intensive Outpatient (IOP). This program involves lectures, group therapy, and individual counseling.  Participants are also encouraged to attend 12-step meetings such as Alcoholics Anonymous.  According to John Hart, Deputy Director of ADSAP, “Clients are not required to attend 12-step meetings, but we do highly recommend that they attend these meetings.”  When asked if ADSAP provides a lecture or introduction to Alcohol Anonymous within its Intensive Outpatient Program, Hart indicated, “yes we do.”  The dilemma that South Carolina must now contend with is whether the indoctrination and promotion of Alcoholics Anonymous encroaches upon the civil liberties protections expressed in Article I Section 2 of the South Carolina Declaration of Rights which states that the General Assembly shall make no law respecting an establishment of religion - particularly if reinstatement of an individual’s driver’s license is contingent upon the successful participation and completion of a state government program that promotes and encourages participation in a particular religion – and Alcoholics Anonymous has already been determined to be a religion.  New York State's highest court, on June 11, 1996, ruled that Alcoholics Anonymous "engages in religious activity and religious proselytization" in the case Griffin v. Coughlin. "

A fair reading of the fundamental AA doctrinal writings discloses that their dominant theme is unequivocally religious," the court said. "Adherence to the AA fellowship entails engagement in religious activity and religious proselytization."  By providing an introduction to Alcoholics Anonymous, ADSAP is promoting a religion.  By “strongly” encouraging attendance at 12-step meetings, ADSAP maybe coercing participation in a religious group by allowing the ADSAP enrollee to believe that they must attend AA meetings if they wish to get their driver’s license reinstated.  Additionally, clients may hesitate raising objections because they do not want to appear as uncooperative and risk delaying completion of the ADSAP treatment program so that they may get their driver’s license reinstated in South Carolina.