If you were arrested for DUI on or after May 19, 2024, you are subject to the new IID regulations.

South Carolina introduced new regulations regarding the use of Ignition Interlock Devices (IIDs) for individuals convicted of Driving Under the Influence (DUI).

These changes represent a significant shift in the state’s handling of DUI offenses, aiming to enhance road safety and reduce repeat offenses.

If you or someone you know is facing a DUI charge, it is essential to understand how these new rules may impact you.

In this article you will learn:

• How the 2024 Ignition Interlock Device regulations affect DUI convictions;
• The expanded eligibility for participating in the IID program;
• The new mandatory IID time periods for DUI convictions; and
• The harsher penalties for noncompliance of the new IID program.

IID & Driving Under the Influence: What You Need to Know

What is an Ignition Interlock Device (IID)?

An Ignition Interlock Device is a breathalyzer installed in a vehicle that prevents the engine from starting if the driver’s blood alcohol concentration (BAC) is above a pre-set limit.

Typically, this limit is set at 0.02%, which is well below the legal threshold of 0.08% for Driving Under the Influence (DUI) in South Carolina.

The IID requires the driver to blow into the device before the vehicle can start, and may require additional tests while the vehicle is in operation.

If you drive more than one vehicle and are subject to an IID, you must have an IID installed on all vehicles that you drive.

Key Changes in the 2024 IID DUI Rules

The 2024 amendments to South Carolina’s IID laws reflect a stricter approach to DUI offenses. Below are the 2024 critical changes that took effect:

1. Expanded Eligibility for IID Requirement if Convicted

Before 2024, only certain DUI offenders were required to install an IID, primarily those with multiple DUI offenses or exceptionally high BAC levels at the time of arrest. The 2024 rules extend the IID requirement to a broader range of offenders, including:

• First-time DUI offenders with a BAC of 0.15% or higher.
• Repeat offenders, regardless of BAC level.
• Offenders who refuse breathalyzer tests, under implied consent laws.

This expansion aims to reduce the likelihood of repeat offenses by increasing the number of drivers required to use an IID.

What are implied consent laws?

By driving on public roads in South Carolina, you have automatically “impliedly consented” to a breath or blood test if requested by a police officer.

What if You Refused the Breathalyzer or Blood Test?

If you refuse the breathalyzer or blood test, you have violated the implied consent laws. Your license will be suspended for at least 6 months. How long the period of suspension lasts depends on whether there are prior convictions for DUI within the past 10 years on your record.

You now have a choice to make. You can…

• Install an IID while your criminal DUI charge is pending (there are costs associated with this, but you can drive unrestricted within the state of SC),
• Stay off the road and serve your suspension, or
• Request an administrative hearing (costs $200) within 30 days of your DUI arrest.

You Request an Administrative Hearing

If you refuse the breath or blood test and request an administrative hearing, you have a new option. You can request a Temporary Alcohol License (TAL) – which costs $200 to apply for and an additional $100 for the TAL itself – and allows you to drive without restriction within the state of SC until your Administrative Law Court hearing date. What happens next depends on the outcome of the hearing.

• If you win the hearing: your driver’s license is reinstated and you are not required to have an IID while your DUI charge is pending. You will be reimbursed the cost of a temporary alcohol license (TAL), if you got one.
• If you lose the hearing or cancel the hearing: your driver’s license will remain suspended and within 30 days you will be required to enroll in ADSAP (Alcohol and Drug Safety Action Program)  and have an IID installed for at least 6 months, both at your expense.

What if You Took the Breathalyzer or Blood Test?

If the BAC is less than .15%, then there is no driver’s license suspension.

If the BAC is .15% or higher, your driver’s license will be suspended for at least 1 month. How long the period of suspension lasts depends on if there are prior convictions for DUI within the past 10 years on your record.

You Request an Administrative Hearing

• If you win the hearing: your driver’s license is reinstated and you are not required to have an IID while your DUI charge is pending. You will be reimbursed the cost of a temporary alcohol license (TAL), if you got one.
• If you lose the hearing or cancel the hearing: your driver’s license will remain suspended and within 30 days you will be required to enroll in ADSAP (Alcohol and Drug Safety Action Plan) and have an IID installed for at least 3 months at your own expense.

2. Mandatory IID Periods for DUI Convictions

The duration an offender must use an IID has also been updated. The 2024 DUI IID regulations specify:

• First-time offenders with a BAC between 0.08% and 0.15%: No IID required unless ordered by the court.
• First-time offenders with a BAC of 0.15% or higher: IID required for a minimum of 6 months.
• Second-time offenders: IID required for at least 2 years.
• Third-time offenders: IID required for at least 3 years.
• Third-time offenders within 5 years of the first offense: IID required for a minimum of 4 years.
• Fourth and subsequent offenders: IID required for life.

It is important to note that these time periods listed above are only for convictions, not charges.

3. Compliance Monitoring and Reporting

The 2024 DUI and IID rules also introduce more rigorous monitoring of IID compliance. Offenders are required to have the IID calibrated and serviced regularly, typically every 60 days. Non-compliance with servicing requirements can lead to:

• Extended IID period: Failure to maintain the device as required may extend the IID installation period.
• License suspension: Persistent non-compliance or tampering with the IID could lead to a suspension of driving privileges.

Service providers must now report non-compliance directly to the Department of Motor Vehicles (DMV), which will take appropriate enforcement actions.

4. Penalties for Non-Compliance

The 2024 new law changes make penalties for failing to comply with IID requirements more severe. Offenders who attempt to circumvent the IID, such as by having another person blow into the device, face:

• Extended IID periods: Additional time may be added to the required IID installation period.
• License suspension: The DMV may suspend the offender’s license for non-compliance.
• Criminal charges: Depending on the severity of the violation, criminal charges may be brought against the offender, potentially resulting in additional fines or jail time.

5. Cost of Installation and Maintenance

The cost of installing and maintaining an IID remains the offender’s responsibility. However, the 2024 rules provide more structured financial assistance programs for low-income offenders.

These programs aim to ensure that financial hardship does not prevent compliance with IID requirements. Offenders must apply for assistance through the DMV, providing proof of income and financial need.

The Impact of the 2024 IID Rules

The enhanced IID regulations in South Carolina are designed to prevent DUI offenders from reoffending, thereby improving road safety. Studies have shown that IIDs are effective in reducing the rate of repeat DUI offenses, and the expanded application of these devices under the 2024 rules is expected to have a positive impact on public safety.

However, the 2024 DUI and IID rules also require offenders to comply with the IID requirements. Failure to do so can result in severe penalties, including longer IID installation periods, license suspensions, and even criminal charges. As such, it is crucial for DUI offenders to fully understand their obligations under the law and adhere to the compliance requirements strictly.

Facing a DUI Charge in South Carolina?

Navigating the complexities of DUI charges and the associated IID requirements can be challenging, especially with the 2024 new DUI and IID laws in effect. If you are facing a DUI charge in South Carolina, consider seeking legal advice to understand your rights and obligations fully. South Carolina attorney Susan Williams can guide you through the process, helping to ensure compliance with the new IID rules and advocating for your best interests in court.

If you or a loved one is facing a DUI charge, don’t navigate the legal complexities alone. Contact the Law Office of Susan E. Williams here today for a consultation to discuss your case and explore your legal options under South Carolina’s 2024 DUI and IID regulations.