South Carolina Since October 1, 2014, repeat and first-time offenders with a BAC of .15 or greater are required to install an interlock. From 2006 to 2020 in South Carolina, interlocks stopped 12,655 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 2,072 attempts to drive drunk in 2020.
Grade: F (38/100) South Carolina is one of 16 states without an all-offender interlock law. Enacting an all-offender law will boost interlock use and help prevent drunk driving.
Why does MADD not call the law all-offender? Judges are not required to order interlocks for all first-time offenders and an interlock is not required as a condition of a restricted license during a license suspension.
Process to obtain an ignition interlock 1. Serve any jail or suspension time, complete DUI educational program and any community service. 2. Schedule an appointment to have an interlock device installed. 3. Fill out an SR-22 form and send to the DMV. 4. Pay all applicable fees to the DMV. 5. Complete court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation 1st offense .08 to .14 BAC Upon revocation 6 months
Require interlocks for all convicted drunk drivers and refusals. Eliminate any Interlock waiting time-period. Require interlock for refusal. Some offenders can not wait out an interlock order.
30 days after revocation
6 months
1st offense .15 BAC plus
Second offense
Unclear
2 years
First refusal
Interlocks not required for refusals
Can a drunk driver wait out an interlock order?
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal? Yes Depending on the violation, an offender’s time on an interlock can be extended two to six months. Day-for-Day credit for early installation? No Legislative Recommendation
Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction.
Interlocks required for plea agreements or diversion?
No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes Interlock approved vendors must collect and remit monthly to the Department a $30.00 fee from each driver required to have an interlock in their vehicle. If the person is indigent and cannot afford the cost of the device, the person may submit an affidavit of indigency to the Department of Probation, Parole and Pardon Services (PPP) for a determination of indigency as it pertains to the cost of the device. Funds remitted to the PPP for the Ignition Interlock Device Fund also may be used by PPP to administer the program. PPP determines indigency based of the federal poverty level and other factors concerning the person's financial conditions including, but not limited to, income, debts, assets, number of dependents claimed for tax purposes, living expenses, and family situation. Sources: §56-5-2941, South Carolina PPP
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