South Carolina has introduced new laws related to driving under the influence (DUI) that took effect on May 19, 2024. These changes significantly shift how DUI cases are handled, and it is good to be aware of what they are. The impetus behind these changes is to reduce the number of DUI incidents and increase public safety. With DUI-related accidents increasing, these changes are intended to act as a deterrent.
Ignition Interlock Device (IID) Requirement for All Offenders
One of the significant changes in the new law is that it requires all DUI offenders to install an Ignition Interlock Device (IID). Previously, only those with a blood alcohol concentration (BAC) of 0.15 or higher had to have an IID. Under the “All Offender Law,” anyone convicted of a DUI must have this device installed, regardless of their BAC level. The IID must be installed in every vehicle the offender operates, adding a layer of accountability.
Some people may not be aware of this, but the driver bears the costs associated with installing the IID. There are also monthly fees associated with them. The law creates a point system determining how long the IID must be in your car. The system is based on factors such as your BAC level and whether you have prior DUI convictions. Of course, there are additional consequences if you fail to comply. This includes tampering with the device or not having it installed. This leads to fines and possible prison sentences. If you have any further questions about what the IID program entails or what proper compliance looks like, visit the South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS) website.
Effects on Driver’s License and Penalties
The new law also changes how driver’s license suspensions are handled in DUI cases. Under the previous law, a driver could obtain a provisional or route-restricted license during their suspension period. These options allowed drivers to maintain some driving privileges while serving their suspension. However, with the new law, these options are no longer available. Instead, drivers must install an IID during their suspension period to continue driving legally. The new requirement applies even to first-time offenders, marking a significant shift in South Carolina’s approach to DUI enforcement.
If drivers lose their administrative hearing, they must use the IID for the entire suspension period without exceptions. This change means drivers must budget for the IID and other DUI-related expenses, such as fines and ADSAP classes. The law also applies to out-of-state drivers convicted of DUI offenses in South Carolina, which may affect their ability to drive in other states if they do not comply with the IID requirements. If the IID is not installed promptly, the offender could face a prolonged suspension and additional penalties for non-compliance.
A Charge Doesn’t Mean You Are Guilty
If you have been charged with a DUI in South Carolina, it is essential to understand how these new laws may affect you. The legal requirements have changed, and the penalties are more severe. Contact Cate & Brough today to schedule a consultation to fight a DUI charge before it escalates.
Cate & Brough, P.A.
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