New DUI Laws in South Carolina
In 2024, the South Carolina Legislature enacted significant changes to the state’s DUI laws aimed at enhancing road safety. Understanding these new laws is essential for anyone arrested for DUI in South Carolina as it directly affects their driving privileges, the duration of penalties, and the steps they need to take to comply with the law and avoid harsher consequences.
Prior to passage of South Carolina Senate Bill 36 (SB36) on May 19, 2024, only repeat offenders or first-time offenders with a blood alcohol content (BAC) over 0.15 were required to have Ignition Interlock Devices installed in their vehicles. However, the new “All Offender Law”, now mandates that all individuals convicted of DUI, no matter how high above the legal limit their BAC, must have an Ignition Interlock Device installed in any vehicle they drive. This includes first-offenders.
What is an Ignition Interlock Device?
According to the South Carolina Department of Probation, Parole, & Pardon and DUI.org, an Ignition Interlock Device is a breathalyzer installed in a vehicle that prevents someone from driving under the influence of alcohol. The device connects to the vehicle’s ignition, and the driver must blow into it to start the car. If the device detects the presence of alcohol, the car will not start.
Additional features of the device include a camera that takes a picture of the person blowing into the device and “rolling re-tests” where the driver is prompted to periodically blow into the device while the car is moving to ensure continued sobriety.
How long must an offender use the Ignition Interlock Device?
For first time DUI offenses in South Carolina, an Ignition Interlock Device must be installed for 6 months.
For a second offense, installation is required for two years. As the number of offenses increases, duration of installation also increases. For fourth and subsequent offenses, installation is required for life.
Understanding this ahead of time can help individuals prepare for the consequences and make necessary arrangements.
Will an offender’s driver’s license still be suspended?
In short, the answer is generally yes. First-time DUI convictions in South Carolina typically result in a 6 month license suspension. However, the driver can apply for a temporary alcohol license during the suspension period, which allows them to drive for limited purposes, such as to and from work, school, and medical appointments. The Ignition Interlock Device would be installed during this time period.
If I’m charged with a DUI in South Carolina, how can a defense attorney help me?
A defense attorney can be an essential ally in minimizing the consequences of a DUI charge in South Carolina. From challenging the evidence and negotiating reduced penalties to guiding you through the Ignition Interlock Device process and helping with possible dismissal, they will use their expertise to protect your rights and give you the best chance for a favorable outcome. If you are facing DUI charges, consulting with an experienced attorney is crucial to navigating the complexities of the legal system.
Attorney Hunter Blouin will take the time to meet with you one-on-one and listen to your concerns. Contact our office today at 864-616-2595 or Hblouin@blouinlawfirm.com to schedule your free consultation and case analysis. Feel confident with an experienced attorney on your side.
