South Carolina Has New DUI Laws; You Need An Experienced Attorney
South Carolina has passed new DUI legislation that increases the penalties for drivers convicted of driving under the influence (DUI).
At Drennan Law Firm, our experienced Charleston DUI lawyers aggressively defend our clients’ rights and protect their futures. With a former prosecutor on the team, our South Carolina attorneys can better anticipate the prosecution’s approach to each case and craft an effective defense.
Ignition Interlock Devices Are Now Mandatory With DUI Conviction
South Carolina lawmakers have passed a new expansion of 2014’s Emma’s law, which strengthens and expands the requirement for ignition interlock devices. When a vehicle is equipped with an ignition interlock device (which functions much like a breathalyzer), drivers must blow into the device to prove they are sober before the car will turn on. They must also periodically stop their vehicle on command and blow again to prove that they haven’t started drinking while they were in motion.
Starting in May 2024, everyone who is convicted of driving under the influence (DUI/DWI) with a blood alcohol content (BAC) level of .02% or above will endure a mandatory period with an ignition interlock device. First-time offenders will be required to have the device for six months. For second offenses, the ignition interlock device is required for a year. A third DUI offense means having a device for the next three years.
Ignition interlock devices are humiliating, expensive, limiting and potentially dangerous due to the requirement for random rechecks while the vehicle is in use. This makes it increasingly important to have a strong, capable South Carolina DUI defense lawyer on your side.
Who Is Affected By The New South Carolina DUI Laws?
The new South Carolina DUI laws cast a wide net and impact a broad spectrum of drivers. The new laws apply to anyone convicted of a DUI offense, regardless of whether it’s their first or subsequent offense. Meaning, both first-time and repeat offenders face changes under these laws.
First-time offenders now face stricter penalties. If you are a first-time offender, you may be subject to penalties if your blood alcohol content (BAC) is at or above .08%. This includes the installation of an ignition interlock device in your car or vehicle if you have a BAC of .15% or higher, even if you do not have a prior DUI on your record. This is a significant change from previous laws, which often allowed first-time offenders to avoid this requirement.
Repeat DUI offenders face even harsher consequences under the state’s new regulations. These consequences can include extended prison sentences. They also include longer periods of IID use. The law also imposes stricter consequences on lower BAC levels for repeat offenders.
Commercial drivers and those under 21 are subject to stricter standards. For commercial drivers, the BAC limit is .04%, while for drivers under 21, it’s .02%. The new laws maintain these lower thresholds but increase the penalties for violations.
These changes reflect a zero-tolerance approach to multiple
DUI offenses. The state aims to reduce DUI incidents and protect members of the public by imposing harsher penalties and requirements for those convicted.
Understanding Ignition Interlock Devices (IID)
Ignition interlock devices now play an even more significant role in
DUI penalties in South Carolina. An ignition interlock device (IID) is similar to a breathalyzer device installed in a vehicle. It prevents the car from starting if the driver’s breath alcohol content is too high. The duration for using an IID varies: first-time offenders may need it for up to six months, second-time offenders for up to two years and third-time offenders for up to three years.
An ignition interlock device can have additional, unanticipated costs associated with it. These may include:
- Installation fees
- Monthly maintenance fees
- Removal fees
In addition, you may need to take the vehicle in for a professional to perform maintenance and calibration on the IID. You must also ensure the device is working correctly. You are responsible for these costs, which can add up over time. If you drive a vehicle without an IID after a DUI conviction, you risk further consequences, including license suspension and additional fines. Compliance with IID requirements is essential to regain driving privileges and avoid further legal issues.
How Exactly Do IIDs Work?
Ignition interlock devices are designed to prevent a vehicle from starting if the driver has consumed alcohol. These devices are connected to the ignition system of the vehicle and require the driver to provide a breath sample before starting the engine. If the sample shows a BAC above the preset limit, the vehicle will not start. Here is how IIDs function:
- Breath sample requirement: Before starting the car, you must blow into the device.
- BAC analysis: The device measures your BAC. If it is above the limit, the car will not start.
- Rolling retests: While driving, the device may require additional breath samples to ensure continued sobriety.
- Data recording: The device records all test results, which are monitored by authorities.
- Maintenance: Regular maintenance and calibration are required to ensure accuracy.
The prestart test is the primary safeguard. You must provide a clean breath sample to start your vehicle. The device is set to a specific BAC threshold, typically much lower than the legal limit. If your sample exceeds this threshold, the car won’t start. This technology is highly accurate and can distinguish between alcohol and other substances. The devices are designed to be tamper-resistant, with various sensors to detect attempts at circumvention.
Protect Your Rights And Freedom To Drive
South Carolina has gotten very tough on drunk drivers, with mandatory minimum sentences and the new ignition interlock device requirements. With these South Carolina DWI law changes, you need a clear defense strategy if you hope to avoid a conviction and minimize the consequences of the charges on your life.
Ask A Charleston DUI Attorney About The New Law
If you have been charged with a DUI, call Drennan Law Firm at 843-352-4149 or reach out to us online to secure representation as early as possible. Our South Carolina DUI lawyers offer a free, no-obligation case review.
