Emma’s Law is a South Carolina DUI law named after Emma Longstreet, whose death brought attention to the dangers of repeat drunk driving. Its creation helps reduce repeat Driving Under the Influence (DUI) offenses by setting stricter penalties for convicted individuals.
Under this law, the state moved from mostly suspending licenses to requiring many DUI offenders to use an Ignition Interlock Device (IID) as part of their sentence. If you are currently facing charges, understanding how the device works can help you remain compliant with state regulations.
Who must install an IID?
An Ignition Interlock Device (IID) may be required for drivers convicted of DUI, depending on the circumstances of the offense and any prior violations. First-time DUI offenders with a blood alcohol content (BAC) of 0.15% or higher would need to have an IID installation.
Moreover, anyone in South Carolina with second (and subsequent) DUI convictions would also require an IID, regardless of the BAC level. Anyone who refuses a breath test may also face IID requirements in order to regain their driving privileges.
How the device works
A technician installs a small breathalyzer in your vehicle’s dashboard, and the car will not start until you provide a clean breath sample. The IID usually prompts you for additional samples while you drive to help ensure continued sobriety. The device logs every failed test and reports it to the South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS).
Driving rules under Emma’s Law
Instead of a total suspension that prohibits any driving, Emma’s Law allows you to obtain a provisional drivers license so you can still drive as long as you have an installed device.
However, you are responsible for installation fees and monthly monitoring costs. Tampering with the device or driving your vehicle without one can lead to further criminal charges and an extended suspension.
Turning a DUI requirement into a path forward
While an IID requirement may feel like a setback, it can offer a path for you to keep your independence and income while dealing with a DUI charge. A lawyer can help ensure you follow and manage your sentence so you can regain full driving privileges.
