Changes to SC DUI Law Include Interlock for First-Time Offenders 

South Carolina Law currently requires the installation of an ignition interlock device for first-time DUI offenders convicted with an alcohol concentration of fifteen one-hundredths of one percent or higher. Drivers convicted of driving under the influence with an alcohol concentration of fifteen one-hundredths of one percent or higher are prohibited from having South Carolina driving privileges reinstated without successful completion of the Ignition Interlock Program. Drivers convicted of DUI with an alcohol concentration of fifteen one-hundredths of one percent or higher who choose not to enroll in the Ignition Interlock Program will remain suspended indefinitely. 

Changes Effective May 19, 2024 

The South Carolina Department of Motor Vehicles (SCDMV) will require all drivers arrested and convicted of driving under the influence in the state of South Carolina to have installed on any motor vehicle the person drives, except a moped or motorcycle, an ignition interlock device designed to prevent driving of the motor vehicle if the driver has consumed alcoholic beverages. This requirement does not apply to drivers who submitted to a breath test and registered an alcohol concentration of .00. 

The SCDMV will suspend the South Carolina Drivers License (SCDL) of a motorist for refusing to submit a breath, blood, or urine sample or for registering a breath alcohol concentration of fifteen one-hundredths of one percent (.15) or higher (implied contest violation) while under arrest for driving under the influence. Before driving privileges can be restored the driver must enroll in an Alcohol and Drug Safety Action Program and the Ignition Interlock Device Program unless the driver elects to contest the suspension with a hearing before the SCDMV Office of Motor Vehicle Hearings within thirty days of the DUI arrest. A hearing officer will decide if the suspension is overturned (reversing the suspension and restoring eligibility to have driving privileges reinstated) or if the suspension is upheld (revoking the temporary alcohol license, restarting the suspension, and forcing the driver to enroll in the Alcohol and Drug Safety Action Program and the Ignition Interlock Device Program).

What is an Ignition Interlock Device? 

South Carolina’s IID program is managed by the Department of Probation, Pardon, and Parole. An interlock consists of a relay module that is wired into the vehicle's ignition system. The device draws a portion of the driver's breath sample into a fuel cell sensor. The presence of alcohol in the sensor chamber causes the fuel cell to output an increased electrical current, which is measured and then translated into an equivalent alcohol concentration. If the result of the test is below an alcohol concentration of .02, an encrypted signal is sent to the relay, allowing the vehicle engine to start. If the test result is above .02 the vehicle’s ignition system will remain locked. When the device is unlocked, the IID is designed not to interfere with the normal operation of a vehicle, so while the device can prevent a vehicle from starting, it will not shut down a running vehicle.

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