South Carolina takes driving under the influence (DUI) offenses seriously, and one of the measures used to prevent repeat offenses is the Ignition Interlock Device (IID) Program. 

The South Carolina Ignition Interlock Program (SCIIP)requires certain DUI offenders to install an ignition interlock device in their vehicle as a condition of regaining driving privileges. 

Understanding how this law works is crucial for anyone facing a DUI charge in South Carolina.

In this article, we’ll cover:

• What an ignition interlock device is, 
• Who must use one, 
• How the program works, and 
• What happens if someone violates IID requirements.

What Is an Ignition Interlock Device?

An ignition interlock device (IID) is a breathalyzer connected to a vehicle’s ignition system. 

Before starting the car, the driver must blow into the device. If the device detects alcohol above a preset limit, usually 0.02%, the vehicle will not start. 

Additionally, the device requires periodic “rolling retests” while the vehicle is in operation to ensure the driver remains sober.

Who Is Required to Install an Ignition Interlock Device in South Carolina?

Under South Carolina Code § 56-5-2941, the following individuals must install an IID:

• • Drivers convicted of DUI regardless of blood alcohol concentration (BAC), even on a first offense.
  • Repeat DUI offenders, including those convicted of a second or subsequent DUI.
  • Drivers who opt into the Ignition Interlock Program (IIP) instead of serving a full license suspension.

• Drivers who refuse the Breathalyzer, called an “Implied Consent Violation.” See more on this below.

Drivers required to use an IID must install it on every vehicle they own or routinely operate. The device must remain in place for the duration determined by the court or the South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS).

IID Law & Implied Consent Violations

If a driver in South Carolina refuses to take a breathalyzer test they have violated South Carolina’s Implied Consent law. Implied Consent means that if you are driving on a public road you impliedly consent to a breath test when asked by a police officer. You have the right to say yes or no, but if you refuse there are consequences.

Implied consent violation hearings can be requested. 

• If you win at this hearing then you do not have to install an IID in your vehicle since you get your full license back. You do however still face the criminal side of a DUI charge. 
• If you lose at this hearing you do have to install an IID. 
• If you do not request a hearing at all you have the option of voluntarily participating in the IID program or serving a “hard suspension,” meaning you give up your driving privileges while your criminal DUI charge is pending.

How Long Must an Ignition Interlock Device Be Used?

The length of time a driver must use an IID depends on the number of prior DUI offenses:

• First DUI – Six months
• Second DUI offense – Two years
• Third DUI offense – Three years (or four years if the third offense occurs within five years of the second)
• Fourth or subsequent DUI offense – Lifetime requirement, though a driver may petition for removal after 10 years

How the Ignition Interlock Program Works

The South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS) oversees the South Carolina Ignition Interlock Program (SCIIP). Here’s how the program functions:

1. Device Installation – The driver must have the IID installed by a state-approved provider.
2. Routine Monitoring – The driver must take the vehicle to an approved service center for calibration and data collection every 30 days.
3. Rolling Retests – The driver must provide breath samples at random intervals while driving.
4. Compliance Reporting – The IID records every attempt to start the vehicle, rolling retests, and any violations, which are reported to SCDPPPS.

Costs Associated with Ignition Interlock Devices

Who pays for the IID? The offender! And these costs can really add up. It costs approximately $70 to $150 to install the device and around $60 to $80 per month for monitoring services. 

Even if you are only ordered to comply with the IID Program for 6 months, you could be looking at a cost of around $430 to $630, depending on which company you use!

Penalties for Ignition Interlock Violations

Failing to comply with ignition interlock laws can lead to serious consequences. Common violations include:

• Tampering with or attempting to remove the IID
• Having someone else blow into the device to bypass the test
• Failing a rolling retest while driving
• Missing required service or calibration appointments

Penalties for violations may include:

• Extended IID usage time
• Suspension of driving privileges
• Criminal charges for tampering with the device

Repeated violations can result in the revocation of a restricted license, which requires the driver to serve the original suspension period before applying for reinstatement.

Costs Associated with the Ignition Interlock Program

The cost of participating in the SCIIP falls on the driver and includes:

• Installation fees (varies by provider)
• Monthly monitoring and calibration fees (typically around $75-$100 per month)
• Removal fees (upon successful program completion)

Although eligibility is limited, South Carolina sometimes provides financial assistance for drivers who cannot afford the costs.

Can You Remove an Ignition Interlock Device Early?

In most cases, drivers must complete their required IID period before removal. However, under South Carolina law, certain drivers, such as those with a lifetime IID requirement, may petition for removal after 10 years if they demonstrate compliance and a clean driving record.

Key Takeaways

• An ignition interlock device is required for drivers convicted of DUI with a BAC of 0.15% or higher and for repeat offenders.
• The length of IID usage depends on prior offenses, ranging from six months to a lifetime requirement.
• The SCIIP program is closely monitored, and violations can lead to extended IID periods or loss of driving privileges.
• Drivers must cover the costs associated with the ignition interlock program.

Facing an Ignition Interlock Requirement? Get Legal Help Today

If you’re facing a DUI charge or ignition interlock requirement in South Carolina, it’s essential to understand your rights and obligations. A South Carolina DUI attorney can help you navigate the legal process, explore potential defenses, and ensure compliance with ignition interlock laws.

Contact a South Carolina DUI defense lawyer today for more information or to discuss your case.