South Carolina DUI Laws Feature
Driving under the influence (DUI) is a serious offense that carries significant legal consequences in South Carolina. Recent updates to the state's DUI laws have introduced stricter penalties and new requirements aimed at reducing repeat offenses and enhancing road safety. This feature will explore the latest changes in suspension periods and the installation of ignition interlock devices (IIDs) for those convicted of DUI in South Carolina.
Understanding Suspension Periods for DUI Offenses
In South Carolina, the suspension period for a DUI conviction varies based on several factors, including the driver’s blood alcohol concentration (BAC) at the time of the offense, the number of prior offenses, and whether the driver refused to take a breathalyzer test.
First Offense DUI
BAC 0.15% or more: License suspension for one month.
Refusal to Submit to Testing: License suspension for six months under the implied consent laws.
Second Offense DUI
BAC 0.15% or more: License suspension for two months.
Refusal to Submit to Testing: License suspension for nine months under the implied consent laws.
Third Offense DUI
BAC BAC 0.15% or more: License suspension for three months.
Refusal to Submit to Testing: License suspension for 12 months under the implied consent laws.
Fourth and Subsequent Offenses
BAC BAC 0.15% or more: License suspension for four months.
Refusal to Submit to Testing: License suspension for 15 months under the implied consent laws.Ignition Interlock Device (IID) Requirements
CHALLENGING SUSPENSION AT CONTESTED HEARING
You have thirty days from the time of arrest to request a contested case hearing with South Carolina’s Office of Motor Vehicle hearings to challenge factors underlying your DUI arrest, which led to your suspension. While you await the South Carolina Office of Motor Vehicle Hearings determination of your suspension, you may apply for a temporary alcohol license.
Within thirty days of the issuance of the notice of suspension the driver should:
Enroll in ADSAP—Alcohol and Drug Safety Action Program
Request a contested case hearing before the Office of Motor Vehicle Hearings pursuant to its rules of procedure;
Enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941; OR
Obtain a temporary alcohol license from the Department of Motor Vehicles. The temporary alcohol license allows the person to drive a motor vehicle pending the outcome of the contested case hearing provided for in this section or the final decision or disposition of the mater.
The ignition interlock restriction must be maintained on the temporary alcohol license for three months. If the contested case hearing has not reached a final disposition by the time the ignition interlock restriction has been removed, then the driver can obtain a temporary alcohol license without an ignition interlock restriction.
Recent updates to South Carolina’s DUI laws have expanded the use of ignition interlock devices (IIDs) as a condition for license reinstatement. An IID is a breathalyzer installed in a vehicle that prevents it from starting if the driver has a measurable amount of alcohol in their system.
Process for IID Installation
Court Order: After a DUI conviction, the court will issue an order for IID installation.
Choose an Approved Provider: The driver must select an IID provider approved by the South Carolina DMV.
Install the Device: The IID must be installed in every vehicle the driver owns or operates.
Regular Monitoring: The driver must comply with regular monitoring and calibration appointments as required by the IID provider. Also, the driver will be subject to ignition interlock device point system.
Reporting: The IID provider will report any violations, such as attempts to start the vehicle with a BAC above the preset limit, to the DMV and the court.
Benefits of IID Compliance
Complying with IID requirements allows drivers to regain limited driving privileges, helping them maintain employment and meet essential needs while ensuring that they are driving sober.
Navigating the consequences of a DUI conviction in South Carolina requires an understanding of the state’s updated suspension periods and IID requirements. By imposing stricter penalties and expanding the IID program, South Carolina aims to enhance road safety and reduce repeat DUI offenses.
If you or someone you know is facing a DUI charge, book Attorney Denise Gregory for a consultation today.