The 2024 changes to SC DUI laws primarily mean one thing – ignition interlock devices for everyone who is convicted of DUI or has an implied consent suspension, with few exceptions.

The new ignition interlock/ DUI laws were passed by the SC legislature in 2023 and went into effect on May 19, 2024. In this article, we will discuss the 2024 amendments to SC DUI laws, including:

  • Ignition interlock devices and how they work,
  • New IID requirements for people convicted of DUI in SC,
  • New IID requirements for people with implied consent suspensions, and
  • Other changes to SC DUI laws in 2024.

What is an Ignition Interlock Device?

Ignition interlock devices are nothing new – they have been around for years but haven’t been mandatory for all DUI convictions until now.

What is an ignition interlock device (IID)?

It’s basically a breathalyzer that is attached to your steering wheel. The probation office supervises the machine, and the driver must pay for the IID’s installation, maintenance, and supervision by the probation department.

You have to blow into the machine before your vehicle will start. If you blow less than .02, your car will start, and you may be retested later depending on how long you drive and whether you re-start your car.

If you blow .02 or higher, the device will not allow your vehicle to start, and the consequences could include substance abuse counseling, an extension of the length of time you must keep the IID on your vehicle, or removal from the IID program.

SC Ignition Interlock Device Requirements for DUI Convictions

Where IIDs used to be optional for some DUI convictions, under the 2024 changes everyone convicted of DUI must now install an IID on their vehicle.

The length of time you are required to use the IID depends on the number of prior DUI convictions within the past ten years:

Prior DUI Convictions w/in 10 Years IID Requirement
1st Offense Six months
2nd Offense Two years
3rd Offense Three years
3rd Offense within five years of the 1st offense Four years
4th or subsequent offense Life


Ignition Interlock Device Requirements for Implied Consent Violations

Anyone who has an implied consent violation in SC that is not overturned at an administrative hearing is also required to install an ignition interlock device on their vehicle before they can drive again.

What is an Implied Consent Violation?

SC Code § 56-5-2950 says that every person who drives in this state has given their consent to alcohol tests including the breathalyzer, urinalysis, or blood analysis.

That’s a “legal fiction.”

None of us have given consent for such a thing, and it’s not likely that we would if they had asked. You are not required to take the breathalyzer or other alcohol tests, and you can just say, “No.”

If you refuse the breathalyzer, though, or if you take the breathalyzer and the result is .15 or more, they will suspend your license, you will need to enroll in ADSAP, and there will be an ignition interlock requirement unless you get the suspension overturned at an implied consent hearing – a DUI administrative hearing with a DMV hearing officer.

How Do the 2024 Changes to SC DUI Laws Affect Implied Consent Proceedings?

If you refuse the breathalyzer or take the breathalyzer and the result is .15 or greater, and if you do not request an implied consent hearing, you must install an IID and enroll in ADSAP.

Once you request a hearing, you can get a TAL – temporary alcohol license – that allows you to drive until the implied consent hearing.

If you request an administrative hearing and your full license is restored, there is no IID requirement unless you are later convicted of the DUI charge.

If you request a hearing and the suspension is affirmed, you will have 30 days to install the IID and enroll in ADSAP.

Other Changes to SC DUI Laws in 2024

There are other changes to SC DUI laws in the 2024 amendments – mostly details about the new SC ignition interlock device requirements.

For example, the new laws also include:

  • A provision that allows drivers with a lifetime IID requirement to petition the probation department to have the device removed,
  • Motorcycles and mopeds are exempt from the IID requirements,
  • Some habitual traffic offenders can now drive with an IID on their vehicles, and
  • Anyone charged with the administrative under 21 “zero tolerance” license suspension can now drive if they enroll in the IID program.

How will the new laws affect South Carolina’s roads?

Hopefully, there will be fewer DUI crashes, fewer injuries, and fewer deaths caused by drunk drivers. It seems like a win-win – the DUI defendant is prevented from getting additional DUIs or driving under suspension charges, and the rest of us are a bit safer because the number of drunk drivers on the road should be reduced.

Questions About Ignition Interlock Device Requirements?

The Charleston, SC personal injury lawyers at the Boles Law Firm can help you determine liability, gather the evidence you will need in court, identify all possible sources of recovery, negotiate with insurance companies, and recover the maximum compensation that you are entitled to under state or federal law for your injuries.

Call us at 843-576-5775 to schedule an appointment for a free consultation at our North Charleston or Walterboro offices or send us a message through our website.

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