A charge of Driving Under the Influence (DUI) in South Carolina is a matter of profound gravity, carrying immediate and long-term consequences that reach far beyond the courtroom. For individuals facing this charge, the complexities of the state’s statutes—particularly the nuanced “Implied Consent” law and the stringent requirements of the Ignition Interlock Device (IID) Program—can be overwhelming. This in-depth guide is designed to provide a comprehensive, structured text overview of South Carolina’s DUI landscape, with a particular focus on the significant legislative changes that mandate the Ignition Interlock Device for nearly all offenders. Understanding these legal structures is the critical first step in mounting an informed and proactive defense.
The Foundation: Understanding South Carolina’s DUI and DUAC Laws
In South Carolina, a driver can be charged with an alcohol-related offense under two primary statutes: Driving Under the Influence (DUI) and Driving with an Unlawful Alcohol Concentration (DUAC). While the penalties are largely the same, the method of prosecution differs, and both can be charged simultaneously following an arrest.
Driving Under the Influence (DUI)
A DUI charge requires the State of South Carolina to prove that the driver was materially and appreciably impaired in their ability to operate a motor vehicle due to the consumption of alcohol, drugs, or a combination of both. The prosecution does not need a specific Blood Alcohol Content (BAC) reading for this charge; rather, they rely on evidence of impairment such as:
- The officer’s testimony regarding the driver’s appearance, speech, and demeanor.
- The results of Field Sobriety Tests (FSTs), such as the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand.
- Any physical evidence from the stop, including open containers or slurred speech noted on dashcam footage.
Driving with an Unlawful Alcohol Concentration (DUAC)
DUAC is often referred to as a “per se” violation. Under this charge, the prosecution is only required to prove that the driver’s BAC was 0.08% or higher while operating a motor vehicle. Impairment does not have to be proven. The chemical test result—typically from a breathalyzer—is the central piece of evidence. For drivers under the age of 21, South Carolina maintains a strict “zero tolerance” policy, meaning a BAC of 0.02% or higher can trigger a license suspension.
The Critical Component: South Carolina’s Implied Consent Law
The “Implied Consent” law is the administrative backbone of South Carolina’s efforts to combat drunk driving, and it operates entirely separate from the criminal DUI/DUAC charge.
What is Implied Consent?
By operating a motor vehicle on a public roadway in South Carolina, every driver is deemed to have given their “implied consent” to a chemical test (breath, blood, or urine) to determine their BAC, provided they have been lawfully arrested for DUI/DUAC. This is a condition of holding a South Carolina driver’s license.
The Consequences of a Chemical Test Result
The outcome of the chemical test at the time of arrest has immediate, administrative consequences handled by the South Carolina Department of Motor Vehicles (SCDMV), regardless of the outcome of the criminal court case.
- Test Result of 0.15% or Higher: If the driver submits to the test and the result is 0.15% or greater, their driver’s license is automatically suspended for a minimum of 30 days.
- Test Refusal: If the driver refuses to submit to the chemical test, their license is automatically suspended for a minimum of six months. This refusal is a civil penalty and can be used against the driver in the criminal case as evidence of consciousness of guilt.
Challenging the Implied Consent Suspension
It is vital to understand that a driver has only 30 days from the date of arrest to challenge the administrative license suspension by requesting an Implied Consent Hearing. This process involves:
- Requesting the Hearing: Submitting a written request and a required fee (currently $100) to the SCDMV within the 30-day window.
- Obtaining a Temporary Alcohol License (TAL): By requesting the hearing, the driver becomes eligible for a Temporary Alcohol License (TAL) that allows them to drive until the outcome of the administrative hearing. Crucially, the new 2024 laws dictate that for implied consent suspensions resulting from a refusal or a BAC of 0.15% or higher, the TAL may require the immediate installation of an IID, unless the driver opts for a non-IID TAL, which is only available if the driver is willing to serve a hard suspension immediately following the hearing if the suspension is upheld.
The New Reality: South Carolina’s All-Offender Ignition Interlock Device (IID) Program
A major legislative shift in South Carolina has dramatically changed the landscape of DUI penalties, most notably by expanding the mandatory use of the Ignition Interlock Device (IID). The IID is essentially a mobile breathalyzer connected to the vehicle’s ignition system. The driver must blow a clean sample into the device before the engine will start. ****
The Shift to All-Offender Requirement
Effective in 2024, South Carolina implemented an All-Offender Ignition Interlock Device Program. The key change is that an IID is now a mandatory requirement for nearly all DUI and DUAC convictions, including a first offense, in order to regain any driving privileges. Previously, an IID was generally only required for repeat offenders or first-time offenders with a very high BAC (typically 0.15% or higher).
Mandatory IID Requirement for DUI/DUAC Convictions
For any DUI or DUAC conviction with an offense date on or after the effective date of the new law, the driver must enroll in the IID Program to clear their suspension and obtain a restricted driving license. The length of the mandatory IID period is based on the number of prior offenses within a ten-year lookback period.
- First Offense (BAC 0.08% or higher): Mandatory six months of IID use.
- Second Offense: Mandatory two years of IID use.
- Third Offense: Mandatory three years of IID use (four years if the third offense occurred within five years of the first).
- Fourth or Subsequent Offense: Mandatory lifetime IID requirement, though with a possibility of petitioning for removal after a set period.
IID Requirement for Implied Consent Violations
The IID requirement now also applies to administrative license suspensions resulting from Implied Consent violations (refusal or BAC ≥0.15%). If the driver loses the administrative hearing, they must install the IID for the full length of the administrative suspension period to resume legal driving.
The End of the Provisional and Route-Restricted Licenses
The new laws have largely eliminated the options of obtaining a Provisional License or a Route-Restricted License following a DUI conviction. Under the prior system, these licenses allowed limited driving privileges (e.g., to work, school, and ADSAP) without an IID for certain first offenders. The new legislation replaces these limited licenses with the Ignition Interlock Restricted License, making the IID the virtually universal pathway back to driving, even on a restricted basis.
The Financial and Operational Burden of the IID Program
Enrollment in the IID Program is not merely a legal hurdle; it is a significant financial and operational responsibility placed entirely on the driver.
Costs and Fees
The financial obligations associated with the IID program can be substantial and include:
- Installation Fee: A one-time charge for the IID installation by a certified service provider.
- Monthly Leasing/Rental Fee: A recurring charge to lease the device.
- Monthly Calibration/Maintenance Fee: A mandatory fee for regular check-ups, typically every 30 to 60 days, where data is downloaded and the device is calibrated.
- Removal Fee: A final fee when the term is complete and the device is removed.
South Carolina does offer an Indigency Fund to provide financial assistance for low-income participants, but drivers must qualify and reapply periodically.
Operational Requirements and Violations
The IID is an unforgiving device, and non-compliance results in severe penalties, including extension of the required IID period or, in some cases, revocation of the restricted driving privilege.
- Startup Test: The device requires a clean breath sample (typically below 0.02% BAC) before the vehicle will start.
- Rolling Retests: After the vehicle is started, the driver is required to provide random breath samples while driving. The device will issue a warning, and the driver must pull over and provide a sample within a few minutes. Failure to provide a sample, or providing a sample over the threshold, will trigger a violation, often resulting in an audible alarm (e.g., honking horn) until the car is turned off.
- No Tampering: Any attempt to tamper with, circumvent, or misuse the device (e.g., having another person blow into it) is a severe violation that can lead to criminal charges and significantly extended IID requirements. The mandatory use of a camera IID, which takes a picture of the person providing the sample, is a key feature in the South Carolina program designed to prevent circumvention.
The Department of Probation, Parole and Pardon Services (SCDPPPS) manages a point system for IID violations. Accumulating points leads to extensions of the IID requirement or further suspension of the restricted license.
The Criminal Penalties and Mandatory Requirements
The penalties for a DUI/DUAC conviction in South Carolina are graded based on the number of prior offenses within a ten-year lookback period and the driver’s BAC. The potential consequences include:
Jail Time and Fines
- First Offense (BAC 0.08%−0.09% or impairment proven): Potential jail time of 48 hours to 30 days, or community service, and a minimum fine of approximately $400.
- Aggravated First Offense (BAC ≥0.16%): Potential jail time of 30 to 90 days and a higher fine.
- Second Offense: Potential jail time of 5 days up to two years, and a fine ranging from approximately $2,100 to $6,500.
- Third Offense: Potential jail time of 60 days up to four years, and a fine ranging from approximately $3,800 to $7,500.
- Fourth or Subsequent Offense: This is a felony, carrying a mandatory minimum of six months up to six years in prison and substantial fines.
Other Mandatory Requirements
In addition to fines, jail time, and the IID, every DUI/DUAC conviction requires the following:
- Alcohol and Drug Safety Action Program (ADSAP): Mandatory enrollment in and completion of this state-certified education and treatment program. The cost is the responsibility of the offender.
- SR-22 Insurance: The convicted driver must obtain a certificate of financial responsibility, known as SR-22 insurance, for a period of three years. This is a type of high-risk insurance that often results in significantly higher premiums.
- Non-Expungeable Record: A DUI or DUAC conviction in South Carolina is permanent and can never be expunged from a criminal record. This permanent record can impact future employment, education, and professional licensing opportunities.
Defending Against a South Carolina DUI/DUAC Charge
Given the severity of the penalties and the complexity of the laws, a strong defense is paramount. A skilled DUI defense attorney will examine every facet of the case for legal and factual weaknesses.
Challenging the Traffic Stop
The foundation of any DUI case is the initial traffic stop. Law enforcement must have had reasonable suspicion to initiate the stop. If the stop was illegal, any subsequent evidence collected (FST results, BAC readings) may be inadmissible in court under the Exclusionary Rule.
Challenging the Field Sobriety Tests (FSTs)
FSTs are subjective and often administered incorrectly by officers. Defense strategies can focus on:
- Medical Conditions: Proving that the driver’s underlying medical conditions (e.g., inner ear issues, leg injuries, vision problems) made the FSTs unreliable.
- Environmental Factors: Challenging the FSTs due to factors such as poor road conditions, bad lighting, or inappropriate footwear.
- Improper Administration: Showing that the officer failed to follow the standardized National Highway Traffic Safety Administration (NHTSA) protocols.
Challenging the Chemical Test
The breathalyzer is a machine, and machines can malfunction. Challenges to the chemical test results can include:
- Maintenance and Calibration: Arguing that the breath testing machine was not properly maintained or calibrated according to state protocols.
- Operator Error: Proving that the officer administering the test was not properly certified or failed to follow the 20-minute observation period required to prevent mouth-alcohol contamination.
- Implied Consent Violations: If the officer failed to properly advise the driver of their rights and the consequences of refusal, the administrative suspension could be overturned.
Negotiating Alternatives
In cases where the evidence is strong, a defense attorney’s primary objective may shift to mitigation and negotiation. This can involve:
- Reduction of Charges: Negotiating a reduction of the DUI/DUAC charge to a lesser offense, such as reckless driving, to avoid the mandatory IID and permanent criminal record.
- Alternative Sentencing: Arguing for minimum jail time or alternative sentencing like community service and home detention.
Conclusion: The Urgency of Legal Counsel
The new All-Offender Ignition Interlock law has made defending a DUI/DUAC charge in South Carolina more critical than ever. The stakes are no longer just a fine or a few days in jail; they now involve a mandatory, long-term restriction on one’s freedom of movement and a heavy financial burden through the required use of the Ignition Interlock Device, all alongside a permanent criminal record.
Navigating the dual tracks of the criminal charge and the administrative license suspension requires immediate, knowledgeable legal intervention. Every decision, from the choice to take or refuse the breath test at the roadside to the request for an administrative hearing, has severe, compounding consequences. Given the complexity and the updated severity of the penalties, anyone arrested for DUI or DUAC in South Carolina needs to contact an experienced DUI defense attorney right away to protect their rights and their future.
