As DUI defense lawyers in Charleston, we’ve been asked questions about South Carolina’s Ignition Interlock Device (IID) Program. The IID Program is part of “Emma’s Law.” In 2024, the General Assembly expanded the program so that it now applies to every DUI and DUAC conviction, including a first offense, except where the statutory 0.00% breath-test exception applies.
A significant part of this law concerns the use of Ignition Interlock Devices for certain people convicted of drunk driving/DUI offenses. In this article, we explain who MUST enroll in the Ignition Interlock Program, who can choose to enroll, how long a driver must stay in the program, the penalties for violating the program, and the typical cost. So how does the Ignition Interlock Device Program work in South Carolina?
Quick Answer: Since May 19, 2024, anyone convicted of DUI or DUAC in South Carolina, including a first offense, generally must enroll in the Ignition Interlock Device Program to end the license suspension, unless a breath test showed 0.00%. The required period runs from 6 months for a first offense to life for a fourth offense, and violations add points that can extend the program or suspend your license.
Table of Contents
- Does South Carolina Require an Ignition Interlock Device?
- Who Can Choose to Enroll in the Ignition Interlock Program in South Carolina?
- How Long Do I Have to Use the Ignition Interlock Device in South Carolina?
- How Does the Ignition Interlock Program Work in South Carolina?
- What Happens if I Violate the Ignition Interlock Device Program in South Carolina?
- Can I Ride a Motorcycle if I am in the IID Program?
- Can I Drive a Work Vehicle if I am in the IID Program?
- How Much Does the Ignition Interlock Device Cost in South Carolina?
- How Can a Charleston DUI Lawyer Help With the Interlock Program?
Does South Carolina Require an Ignition Interlock Device?
Yes. Since May 19, 2024, South Carolina has generally required anyone convicted of a DUI-type offense to enroll in the Ignition Interlock Device Program, regardless of his or her blood alcohol concentration. This change came from 2023 Act No. 55 (S. 36), which amended Section 56-5-2941 and related statutes. Before that date, a person convicted of driving under the influence (DUI) 1st offense or driving with an unlawful alcohol concentration (DUAC) 1st offense generally was not required to use an interlock device if the person’s alcohol concentration was less than 0.15%.
That first-offense exception no longer exists, and first offenders are no longer eligible for a provisional license. Today, you must enroll in the program to end the license suspension if you are convicted of DUI or DUAC (including a first offense), felony DUI, or DUI-related child endangerment, or if you are convicted of a DUI-related offense in another state.
If you do not install a device when required, your license remains suspended indefinitely. The requirement does not apply to a person who took a breath test and had an alcohol concentration of 0.00%. A child-endangerment conviction based only on failure to stop for law enforcement does not trigger the interlock requirement.
However, you can apply for a medical waiver if a medical condition makes you unable to properly operate the ignition interlock device. If the waiver is granted, your license will be suspended for the length of time you would have been required to hold an ignition interlock restricted license.
Who Can Choose to Enroll in the Ignition Interlock Program in South Carolina?
If your vehicle must be immobilized (such as drivers convicted of two or more DUIs or DUACs), holding a valid ignition interlock restricted license prevents immobilization.
Also, if your license is suspended under South Carolina’s Implied Consent Law for refusing a breath test or for blowing 0.15% or more, you may end the remaining suspension by enrolling in the Program and obtaining an ignition interlock restricted license. The device must stay on your vehicle for the remainder of your suspension, with a minimum of three months. Once you enroll and obtain the restricted license, you cannot later choose to serve the suspension instead.
How Long Do I Have to Use the Ignition Interlock Device in South Carolina?
The time period depends on your violation, not just what you actually pled to. For a second or subsequent offense, the Department of Motor Vehicles uses its records of qualifying offenses, regardless of the plea, to determine the required period. For example, if you plead a DUI 2nd Offense down to a DUI 1st Offense, qualifying prior offenses in the DMV’s records may still result in a longer interlock requirement. The following table lists the required periods:
| Offense | How Long the Device Is Required |
|---|---|
| DUI or DUAC, first offense (any BAC, except the 0.00% breath-test exception) | 6 months |
| DUI or DUAC, second offense | 2 years |
| DUI or DUAC, third offense | 3 years, or 4 years if the third offense occurs within 5 years of the first offense |
| DUI or DUAC, fourth or greater offense | Lifetime; five years after your license is reinstated, and every five years after that, you may apply to DPPPS to have the requirement removed for good cause shown |
| Felony DUI | 3 years for great bodily injury, 5 years for death, beginning after release from prison |
| Implied consent suspension (refusal or 0.15% or more), if you choose to enroll | The time remaining on your suspension, with a minimum of 3 months |
If you are a South Carolina resident convicted in another state of a DUI-related charge, you must carry the ignition interlock device for as long as South Carolina requires it or as long as the other state requires it, whichever is longer, if the conviction subjects you to an interlock requirement in that state.
How Does the Ignition Interlock Program Work in South Carolina?
A certified vendor must install the ignition interlock device. Ignition interlock devices (IIDs) must be certified by the Department of Probation, Parole, and Pardon Services (DPPPS). Certification is based on accuracy requirements and specifications in guidelines or regulations adopted by the National Highway Traffic Safety Administration (NHTSA). DPPPS keeps a list of certified devices, manufacturers, and vendors.
Once the IID is installed, you can’t start your vehicle without blowing into the device. If the device registers an alcohol concentration of 0.02% or greater, your car won’t start. You must also complete any required “running retest” while operating the vehicle. A point system can penalize you if you violate the program. Points are assessed as follows:
| Violation | Points Assessed |
|---|---|
| Failing a running retest with an alcohol concentration of 0.02% or more but less than 0.04% | ½ point |
| Failing a running retest with an alcohol concentration of 0.04% or more but less than 0.15% | 1 point |
| Failing a running retest with an alcohol concentration of 0.15% or more | 2 points |
| Failing to have the device inspected every 60 days by an authorized service provider | 1 point |
| Failing to complete a running retest as required by law | 1 point |
| Being caught on camera tampering with the device | 1½ points |
| Being caught on camera allowing someone else to blow into the device | 1½ points |
The penalties under the points system are as follows:
- If you receive 2 points or more, but less than 3 points, the period required to have the device in the car is extended by 2 months.
- If you receive 3 points or more, but less than 4 points, the period required to have the device in the car is extended by 4 months. You will also have to go for a substance abuse assessment and successfully complete the recommended education or treatment, or both. Your restricted license can be suspended if you do not complete the plan or make progress toward completing it.
- If you receive 4 points or more, your ignition interlock restricted license will be suspended for 6 months. You will also have to go for a substance abuse assessment and successfully complete the recommended education or treatment, or both. Your restricted license can remain suspended or be resuspended if you do not complete the plan or make progress toward completing it. After your driving privileges are reinstated following the six-month suspension, your point total is reset to zero, and you must complete the remaining time on the device.
If you’re assessed less than 4 points, you can appeal to an administrative hearing officer with DPPPS, and that decision is final.
If your license is suspended for 4 points or more, you can request a contested case hearing before the Office of Motor Vehicle Hearings (OMVH) within 30 days of the points assessment notice. Requesting the hearing stays the suspension pending the hearing’s outcome, but the interlock requirement remains in effect.
What Happens if I Violate the Ignition Interlock Device Program in South Carolina?
If a person subject to the IID Program drives a motor vehicle that is not equipped with a properly operating, certified IID, or if anyone tampers with or helps defeat a device, the law imposes criminal penalties. The following table summarizes those penalties:
| Violation | Classification | Penalty |
|---|---|---|
| Driving a vehicle without a certified IID, first offense | Misdemeanor | A fine of at least $1,000 or up to 1 year in jail; IID period extended by 6 months |
| Driving a vehicle without a certified IID, second offense | Misdemeanor | A fine of at least $5,000 or up to 3 years in jail; IID period extended by 1 year |
| Driving a vehicle without a certified IID, third or subsequent offense | Felony | A fine of at least $10,000 or up to 10 years in jail; IID period extended by 3 years |
| Tampering with an IID or obstructing or obscuring the camera lens | Misdemeanor | A fine of up to $500, up to 30 days in jail, or both |
| Knowingly renting, leasing, or otherwise providing a vehicle without a certified IID to a person subject to the interlock requirement | Misdemeanor | A fine of up to $500, up to 30 days in jail, or both; an exception may apply to a lease that began before the person’s arrest for a first-offense DUI or DUAC |
| Asking someone else to blow into an IID to start the vehicle or complete a running retest | Misdemeanor | A fine of up to $500, up to 30 days in jail, or both |
| Blowing into an IID to start a vehicle or complete a running retest for a restricted driver | Misdemeanor | A fine of up to $500, up to 30 days in jail, or both |
A violation can also create a new criminal record and additional license problems. If you already have other driving offenses, read our article on habitual offender status in South Carolina.
Can I Ride a Motorcycle if I am in the IID Program?
No. The law does not require a device on a motorcycle or moped, but an ignition interlock restricted license does not authorize you to ride one without a device while you are subject to the interlock restriction.
Can I Drive a Work Vehicle if I am in the IID Program?
The answer is that it “depends.” An exception allows you to drive an employer’s vehicle without an Ignition Interlock Device in certain situations. The driving must be required in the course and scope of employment, and the use must be solely for the employer’s business purposes.
This exception doesn’t apply to someone who is self-employed or who is employed by a business owned in whole or in part by the person or a member of the person’s household or immediate family, unless a court finds that the business owns the vehicle for a legitimate business purpose and did not title it to get around the law.
If you have a second or later DUI or DUAC conviction, this exception is available only after your license has been suspended for at least one year, or after you have had a device installed on your vehicles for at least one year. The person must keep the DMV form pertaining to this employer vehicle authorization with him or her at all times while driving the employer’s vehicle.
How Much Does the Ignition Interlock Device Cost in South Carolina?
The driver must pay for the device’s installation, maintenance, and monitoring. Installation costs about $70 to $150, and device monitoring and calibration cost about $60 to $80 per month. Vendors also collect a monthly fee, set by DPPPS at no more than $30, for the State’s Ignition Interlock Device Fund. The interlock is only one part of the total cost of a DUI in South Carolina.
A driver may qualify for assistance with the initial installation and standard use of the device if the driver is “indigent,” depending on the driver’s income, assets, debts, number of dependents, and living situation. DPPPS determines indigency and may authorize approved costs to be paid from the Ignition Interlock Device Fund.
The interlock requirement is only one part of a DUI sentence. Our article on the penalties for a DUI in South Carolina explains the jail time and fines for each offense.
How Can a Charleston DUI Lawyer Help With the Interlock Program?
If you’ve been charged with a DUI or DUAC, the outcome of your case will determine whether you must enroll in the Ignition Interlock Device Program and for how long. A lawyer can challenge the evidence against you, explain whether an alternative such as a plea to reckless driving may be available, and help you protect your license at an implied consent hearing.
The attorneys at Futeral & Nelson have defended DUI cases in Charleston, Mount Pleasant, North Charleston, Summerville, and throughout the Lowcountry since 2003. Call us at 843-284-5500 to discuss your case and your options.
