New DUI Laws

With over 13,000 fatalities caused by drunk driving, South Carolina takes a strict stance when it comes to operating a vehicle while intoxicated. While the state has always imposed harsh penalties for driving under the influence, recent legislation pertaining to ignition interlock devices and implied consent seeks to crack down further on the issue.

If you have been accused of a DUI, our Conway DUI defense attorneys are available to protect your interests. Contact us to learn how we can assist you in fighting your DUI charges.

Recent Changes to South Carolina DUI Laws

In South Carolina, if you have a blood alcohol concentration (BAC) of 0.08% or greater, you are driving under the influence. However, recent changes to South Carolina law increase the penalties for DUI convictions.

Ignition Interlock Device

As of May 19, 2024, anyone convicted of drunk driving will need to install an ignition interlock device (IID) to their vehicle. An IID is a device that is installed in a vehicle’s engine. To start the vehicle, the driver will need to breathe into the IID. If the device registers a blood alcohol reading (0.02% being the lowest registered reading), your car will not turn on.

Previous state law required an IID to be installed for those motorists who had a BAC of 0.15% or greater. Anyone who receives a DUI conviction prior to the May 19th date will follow previous legislation.

IID requirements are based upon prior convictions within the past ten years. The following time lengths will be required based on prior offenses:

• First offense: Six months
• Second offense: Two years
• Third offense: Three years
• Third offense (within five years of first offense): Four years
• Fourth or subsequent offenses: Life

Implied Consent Violations

Under SC Code §56-5-2950, a person who operates a motor vehicle in the state of South Carolina automatically consents to blood, urine, or breath tests to determine the presence of alcohol or drugs.

If you refuse to blow into a breathalyzer or if you take the test and your reading is 0.15% or higher, then you will need to enroll in an alcohol and drug treatment program. In South Carolina, it is called ADSAP (Alcohol Drug Safety Action Program). Additionally, you will be required to install an IID to your vehicle if you do not request an implied consent hearing.

If you request a hearing, then you will be given a temporary alcohol license (TAL) so that you can drive while waiting for your hearing. Keep in mind that the results of a breathalyzer test are notoriously unreliable, and a DUI defense attorney will gather any necessary evidence to challenge the reading.

The new law gives a person the option of installing an IID prior to an administrative hearing. If you lose your hearing, the time that you drove with the IID will count toward your suspension period. The law implements further changes, such as allowing habitual traffic offenders (those who have ten traffic violations within three years) and those under the age of 21 to drive with an IID.

The new legislative changes are complicated, so it is important that you speak with a Conway DUI defense attorney to better understand your legal rights.

Consult with a Conway DUI Defense Attorney Now

If you are facing DUI charges, it is crucial that you speak with a Conway DUI defense attorney right away. Our experience in crafting strong defenses can help get the charges against you dismissed or reduced. If you are interested in scheduling your free consultation, contact the attorneys at The Law Offices of L. Morgan Martin, P.A. today online or by giving us a call.