Understanding South Carolina's New DUI Offender Law: What You Need to Know

South Carolina is on the brink of becoming the 35th state to implement an All-Offender ignition interlock device (IID) program. Starting May 19th, 2024, the new law will go into effect, aiming to address the complex issue of driving under the influence (DUI) in the state.

The New Law: Summary of SB 36

The Department of Motor Vehicles shall require a person who is convicted of violating a first through fourth offense of DUI at a BAC of .08 or who is issued a temporary alcohol license, to have installed on any motor vehicle the person drives (excluding mopeds and motorcycles), an ignition interlock device designed to prevent driving of the motor vehicle if the person has consumed alcoholic beverages.

The IID requirement is mandated after arrest if the person waives their right to challenge their suspension in a contested case hearing or if their suspension is upheld after the contested case hearing.

The Department of Motor Vehicles shall suspend the driver's license of a person who is convicted of a DUI offense over .08 BAC:

• For a first offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The IID is required to be affixed to the vehicle for six months.
• For a second offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The IID is required to be affixed to the vehicle for two years.
• For a third offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device must be affixed to the vehicle for three years. If the third offense occurs within five years from the date of the first offense, the IID is required to be affixed to the motor vehicle for four years.
• For fourth or subsequent offenses, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The IID must be affixed to the individual’s vehicle for life.

Intoxalock Can Help Fulfill IID Requirements

Intoxalock is an approved provider in South Carolina and can help fulfill your IID requirement. We have more locations than any other provider and can offer same-day installation. Our technicians will install your IID, and ensure you understand how it works. Contact us today for help setting up an appointment.