Heard about the new 2024 SC DUI law?
A new SC DUI law that went into effect May 19, 2024, requires every person who is convicted of driving under the influence in South Carolina or who has an implied consent suspension to install an ignition interlock device (IID) in all vehicles a driver drives before they can drive again.
An implied consent suspension occurs when:
- A driver refuses to submit to an officer’s request for a breath/urine/blood test; or
- A driver registers a blood alcohol level of 0.15 or above.
So a driver arrested for DUI could be facing two completely separate suspensions: (1) for an implied consent violation and (2) for a DUI criminal charge resulting in a conviction.
In this article, we will discuss the new 2024 SC DUI law, including:
- Ignition interlock device requirements for first-offense DUI convictions,
- Ignition interlock device requirements for implied consent violations, and
- How to avoid a license suspension or ignition interlock device requirements if you are charged with driving under the influence in SC.
Big Changes to SC DUI Law: Ignition Interlock Devices
The 2024 changes to SC DUI law mostly concern ignition interlock device (“IID”) requirements when a person is convicted of DUI or when a person receives an implied consent suspension.
But first, what is an ignition interlock device (IID)?
An IID is a small, handheld breathalyzer for car ignitions that’s installed to prevent drivers from being able to start their vehicle after drinking alcohol.
Your driver’s license is suspended if you are convicted of driving under the influence (or receive an implied consent suspension). Traditionally, you were required to serve out the suspension or get a route-restricted license if you qualified.
Now, you may still have the option to drive your vehicle instead of serving out the license suspension, but you must first enroll in the ignition interlock device program. Once you install the device on your vehicle, you cannot start your engine without first blowing into a video camera-equipped breath tester or “IID”.
The defendant must pay the costs of installation and supervision by the probation department.
First-Offense DUI Convictions: Driver’s License Suspensions and Ignition Interlock Device (IID) Requirements
Under the Old Law
Under our previous DUI laws, ignition interlock devices may have been mandatory after a DUI conviction or may have been optional – depending on the person’s number of prior convictions and breath test results.
For a first offense driving under the influence conviction, however, the defendant had the options of installing the ignition interlock device, serving out the suspension, or getting a restricted license if they were eligible.
Under the 2024 Changes to SC DUI Law
SC Code §56-5-2941 will now require you to install an IID on your vehicle(s) on any DUI conviction, including first-offense convictions, regardless of the BAC level.
How long do you have to keep the IID on your vehicle?
That depends on the number of prior convictions that you have:
| Number of DUI or DUAC Convictions | IID Requirement |
| First Offense | Six months |
| Second Offense | Two years |
| Third Offense | Three years |
| Third Offense (within five years of the first offense) | Four years |
| Fourth or subsequent offense | Life |
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Implied Consent Violations: Driver’s License Suspensions and Ignition Interlock Device Requirements
The 2024 changes to SC DUI law also require an ignition interlock device for most implied consent violations.
Drivers who refuse to take the breath test or blow 0.15% or greater will have their license suspended, but they still have some options:
- You can request an implied consent hearing within 30 days of the arrest to contest the suspension,
- You can still get a “temporary license” that allows you to drive until the date of your implied consent hearing,
- If you don’t request a hearing, you will have the option of serving the suspension as a “hard suspension” or voluntarily participating in the IID program (in other words the driver is not required to install an IID at this point),
- If you request a hearing contesting the suspension, but you lose the DMV administrative hearing, you will need to install an IID,
- If you blow a 0.00% but refuse a urine test, there is no IID requirement, but you will have to serve a “hard” suspension meaning there is no way around it because the new law eliminates provisional or route-restricted licenses, or
- If you request an implied consent hearing and win, your full license is restored to you (as long as you don’t have any other suspensions).
What About the DUI Charge Pending in Criminal Court?
Suppose you win your implied consent hearing in the administrative court. In that case, you still have a driving under the influence charge pending in the criminal court because there are two separate proceedings in two different courtrooms.
If you lose your implied consent hearing in the administrative court, you still have a DUI charge pending in the criminal court.
If you also plead guilty to DUI or are convicted of DUI in criminal court, you may be subject to more than one license suspension/IID requirement.
All drivers who plead guilty to DUI or are tried and convicted of DUI will be required to install an IID in their vehicle(s) for a minimum of 6 months (or up to life, depending on the number of prior DUI convictions).
The license suspension and IID requirements apply to both SC drivers and out-of-state drivers. The DUI conviction or implied consent suspension will be reported to the driver’s home state DMV.
Whether the IID requirement/ suspension is due to a DUI conviction or implied consent violation, the driver must enroll in ADSAP to clear the suspension (this was not changed in the new law—it is the same as before).
Provisional and route-restricted licenses are no longer an option, and there is no “waiting out period” – the suspension is indefinite unless a driver complies with the above requirements.
How Do You Avoid Ignition Interlock Device Requirements if You Are Charged with DUI in SC?
There are now two separate and independent ways (administrative DMV hearing & criminal court) in which you may be required to get an IID to maintain your privilege to drive in SC.
So, what is your best chance at avoiding an IID or license suspension?
- Don’t plead guilty to DUI or DUAC,
- Get an O’Neil Law Firm DUI lawyer on your case immediately after your arrest, and
- Although other lawyers may not provide this service, let the O’Neil Law Firm request an implied consent hearing immediately after your arrest to get a temporary alcohol license and in an attempt to save your driving privileges.
Questions About the New 2024 SC DUI Laws?
The DUI lawyers at the O’Neil Law Firm have extensive experience representing clients charged with driving under the influence/ DUI, DUAC, and felony DUI charges.
If you have been charged with DUI, DUAC, felony DUI, or any DUI-related offense in SC, call or text O’Neil Law now at (843) 444-HELP (4357) or contact us through our website for a free consultation to find out how we can help.