Since the introduction of Emma’s Law in 2014, drivers in South Carolina who are convicted of drunk driving face particularly strict penalties. These already-strict penalties were recently enhanced thanks to an expansion of the law that went into effect in May of 2024.
One of the biggest changes is that anyone who has a blood alcohol concentration (BAC) of at least .02% related to their conviction will have to have an ignition interlock device installed on their vehicle. The length of time this device will be required depends on how many drunk driving offenses they have on their record:
- First offense: Six months
- Second offense: One year
- Third offense: Three years
Learning about these devices may help South Carolina residents to understand why these devices are now (basically) mandatory for all convicted drunk driving offenders.
What is the purpose of an ignition interlock device?
An ignition interlock device is professionally installed, monitored and calibrated. Before the ignition on the affected vehicle will start, the driver must blow a sample of breath into the device. That breath sample is analyzed for the presence of alcohol. The vehicle will then be immobilized if there’s alcohol in breath sample because the ignition will not work.
Drivers are sometimes alerted to breath testing requirements while they’re driving. If the alert is given, they have a preset time to pull the vehicle over and provide the sample. Results that are over a preset BAC limit are transmitted to a person appointed by the court. The driver will then have to answer to the results. South Carolina uses camera ignition interlocks to make it easier to determine the identity of a person who has blown over the preset amount and to prevent individuals from using others to provide a sample.
Any driver who’s required to have an ignition interlock device will have a special designation on their driver’s license. They aren’t allowed to drive any vehicle that doesn’t have the device installed. This means that those who drive for work may have to find a different occupation because many employers won’t install these on their fleet vehicles.
Anyone who’s facing a drunk driving charge in South Carolina should explore their options for a defense. Getting together a personalized strategy to combat the charges is often beneficial, especially when the potential consequences of a conviction are considered. Defendants may benefit from seeking legal assistance as they work toward a favorable outcome.
