Important Changes to DUI Laws Effective May 19, 2024: What You Need to Know with Attorney C. Austin McDaniel
Starting May 19, 2024, significant changes to DUI laws will take effect, with major modifications to the requirements for installing and maintaining an Ignition Interlock Device (IID). These changes will impact individuals convicted of even a first offense DUI or DUAC, as well as those with any implied consent violations, mandating the installation and maintenance of an IID to legally operate a vehicle.
Understanding the Ignition Interlock Device (IID)
An Ignition Interlock Device (IID) is a portable breathalyzer connected to your vehicle’s ignition system. Before you can start your car, you must blow into the device. If your Blood Alcohol Content (BAC) is below a preset limit (typically under .02), your vehicle will start. However, if your BAC is at or above .02, you will be locked out, and the probation department will be notified of the failed test.
You may also be subjected to random retests while driving. Failure during these retests can result in you being locked out of your vehicle again. The installation and monitoring of the IID are overseen by the probation department, and drivers are responsible for covering both the installation and supervision fees.
Changes to DUI and DUAC Convictions
Under current legislation, an IID is typically required for multiple DUI and DUAC convictions, excluding first offenses. The new amendments, however, expand IID requirements to include first-offense DUI and DUAC convictions.
Duration of IID Requirements
The length of time an IID is required depends on the number of prior related convictions within the past ten years. The specifics are as follows:
- First Offense: Six months
- Second Offense: Two years
- Third Offense: Three years
- Third Offense if within five years of the First Offense: Four years
- Fourth or Subsequent Offense: Life
Implied Consent IID Requirements
If your license is suspended for any implied consent violation, such as refusing to provide a sample or registering a BAC of .15 or higher, the IID must be installed before you can drive, unless you request an administrative hearing. Requesting an administrative hearing allows you to receive a Temporary Alcohol License (TAL), enabling you to drive without restrictions until the hearing, during which the IID is not required.
If you succeed at the administrative hearing, you are exempt from the IID requirement unless later convicted of DUI or DUAC. If the implied consent suspension is upheld, you must install an IID and enroll in the Alcohol Drug and Safety Awareness Program (ADSAP) within thirty days of the decision.
Additional Amendments
Here are some other notable changes:
- Individuals under 21 facing SC’s zero-tolerance license suspension for driving with a BAC of .12 or greater can opt to install an IID instead of facing suspension or they may request an administrative hearing.
- Certain habitual traffic offenders will now have the option to drive with an IID.
- Motorcycles and mopeds are exempt from the IID requirements.
- Individuals with a lifetime IID requirement for convictions dated on or after October 1, 2014, can petition the probation department for removal of the IID mandate.
Enforcement Measures
When an IID-recorded breath test fails, the probation department is alerted. South Carolina Code § 56-5-2941 outlines a “point system” that allows the probation department to:
- Extend the duration of the IID requirement,
- Mandate attendance in substance abuse treatment programs, or
- Revoke the individual’s driving privileges.
Defending your DUI, DUAC, or implied consent violation case is now more critical than ever. Attorney C. Austin McDaniel has a successful track record of representing clients facing DUI, DUAC, Felony DUI, and Implied Consent Violations. With the forthcoming changes in DUI laws, having experienced legal representation is crucial to navigating these complex legal waters. Contact Attorney C. Austin McDaniel today to discuss your case and protect your driving privileges.