Sweeping changes are coming for DUI laws effective May 19, 2024. Most important are the changes to the requirements of installing and maintaining an Ignition Interlock Device (IID). Effective May 19, 2024, persons convicted of even a first offense DUI or DUAC will be required to install and maintain an IID to drive, and persons with any implied consent violation will also be required to install and maintain an IID to drive.
WHAT IS THE IID
An ignition interlock device, or IID, is a handheld breathalyzer that is attached to your vehicle’s ignition. Before starting your vehicle, you must blow into the device. If the result is passing (under .02), then your vehicle starts. If the result is failing (usually .02 or greater), you will be locked out of your vehicle and the probation department will be notified that you have failed the breath test.
You may also be required to take random retests as long as the vehicle is running, and, if you fail a retest, you could be locked out and unable to operate the vehicle.
The IID’s installation and monitoring are done by the probation department, and the driver must pay installation and supervision fees.
DUI AND DUAC CONVICTIONS
Under current law, an IID is required for most DUI and DUAC convictions, except for first offenses.
The new amendments, however, now expands the IID requirements to include first-offense DUI and DUAC convictions.
HOW LONG IS THE IID REQUIREMENT
The length of time that the IID is required for an individual is based on the number of prior convictions a person has for DUI, DUAC or an out-of-state equivalent conviction within the last ten years. The lengths of time are as follows:
First Offense Six Months
Second Offense Two Years
Third Offense Three Years
Third Offense if within five years of
First Offense Four Years
Fourth or Subsequent Offense Life
IMPLIED CONSENT IID REQUIREMENTS
Under the amendments, if a person’s license is suspended for any implied consent violation – meaning refusing to provide a sample or registering a blood alcohol content of .15 or greater – the IID must be installed before driving, unless an administrative hearing is requested.
If an administrative hearing is requested, the Temporary Alcohol License (TAL) is still available, which allows the person to drive with no restrictions until the hearing, and no IID is required.
If a person is successful at the administrative hearing, there is no IID requirement unless subsequently convicted of the DUI or DUAC.
If the implied consent suspension is upheld at the administrative hearing, the IID is required as is enrollment in the Alcohol Drug and Safety Awareness class (ADSAP) within thirty days of the decision.
ADDITIONAL CHANGES WITH THE AMENDMENTS
The additional changes with the new amendments are as follows:
1. Persons faced with SC’s zero tolerance license suspension for persons under 21 who drive with a blood alcohol level of .12 or greater can now install the IID in lieu of the license suspension or request an administrative hearing.
2. Some habitual traffic offenders will be able to drive with the IID.
3. Motorcycles and mopeds are exempt from IID
4. Persons with lifetime IID requirement for convictions on or after October 1, 2014 can apply to probation to have the requirement removed
ENFORCEMENT
When the driver fails a breath test on the IID, the probation department is notified, and there is a “point system” outlined in SC Code § 56-5-2941 that allows the probation department to:
- Extend the length of time the driver is required to have the IID installed,
- Require the driver to attend substance abuse treatment, or
- Revoke the person’s driving privileges.
The importance of defending your DUI, DUAC and Implied Consent Violation case has
never been higher. Attorney Kirk Truslow has successfully represented many individuals charged with DUI, DUAC, Felony DUI and Implied Consent Violations.