The criminal courts have the authority to hand down numerous consequences for various criminal offenses. State statutes and the specific circumstances leading to the arrest largely determine what penalties a defendant might face.
Individuals accused of driving under the influence (DUI) offenses may already know that the courts can sentence them to jail time or probation. They know they may have to pay fines and court costs if convicted. Many people are also aware that the court can suspend their driving privileges.
Fewer people understand the rules related to ignition interlock devices (IIDs). These machines, also known as breath alcohol ignition interlock devices (BAIIDs), prevent drivers from starting their vehicles until they pass a chemical test. Many drivers worry about the expense and embarrassment of having an IID installed in their vehicles.
Are IIDs always mandatory after DUI convictions?
An IID can facilitate license reinstatement
In South Carolina, even first-time offenders likely have to install an IID as part of regaining their driving privileges after a DUI conviction. The goal is to monitor people for signs of recidivism and encourage the development of healthy driving habits. Before drivers can regain their standard licenses, they must first accept limited driving privileges and install IIDs in any vehicle they drive.
Drivers subject to an IID restriction can only legally operate their vehicles if they maintain a blood alcohol concentration (BAC) of under 0.02%. They have to avoid any conduct that might look like tampering with the device, such as trying to cover camera lenses. They also cannot ask other people in the vehicle to perform the test on their behalf.
IIDs not only prevent the driver from starting the car but can also record information about failed tests and potential tampering. Drivers therefore need to be cautious about ensuring that they comply with the law and with the restrictions imposed on their licenses until they can finally remove the IIDs installed in their vehicles and regain their full driving privileges.
Understanding the various penalties possible after a DUI conviction could help people protect themselves. Those who want to preserve their driving privileges generally need to defend against a pending DUI to preserve their license and avoid IID requirements.
