The South Carolina ignition interlock device (IID) program is administered by the state’s Department of Probation, Parole and Pardon Services. Driving under the influence (DUI) laws in the state require the installation of an IID for repeat DUI offenders. An IID is connected to the vehicle’s ignition system and mounted for easy driver access. Prior to starting the vehicle, the driver is required to submit a breath sample into the device. If the device detects a breath alcohol content that is 0.02% or greater, the device prevents the vehicle from starting. The device requires random breath samples while the driver is operating the vehicle. These random samples are known as “running re-tests.” If the running re-test results are 0.02% or greater, an alarm will sound. Repeat DUI offenders can only be installed by a state authorized vendor such as LifeSafer.
IIDs must be installed on any and all vehicles routinely operated by the offender, including vehicles that are not registered to the offender. If the offender is required to operate a vehicle as a scope of employment, the offender may be granted an employment exemption for the businesses vehicle. Employment exemptions will not be granted in cases where the vehicle is owned by a business that is wholly or partially owned by the offender, a member of the offender’s household or a member of the offender’s immediate family. An employer’s exemption is only for the business’s vehicle for business purposes and does not dismiss the requirement of an IID on other routinely operated vehicles.
The Prevention of Underage Drinking and Access to Alcohol Act of 2007 determines the time period for the IID requirement. Generally, IIDs are required for a period of two years for two DUI offenses, three years for three DUI offenses and for the offender’s lifetime in cases of four or more DUI convictions within a 10 year period.
During the installation appointment, the vendor reviews the lease agreement and associated cost with the offender. The offender is responsible for any and all costs related with the IID, including installation, maintenance and removal. Additional fees may be assessed by the vendor. Costs may be waived for offenders who are approved for indigent status with South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS). To be considered for indigent status, the offender must submit an indigent application to SCDPPPS. If approved, the offender will have all interlock fees paid by the state for a three month period. The offender will have to resubmit this application every three months in order to continue indigent status.
When the installation is complete, the vendor provides the offender with a certificate of installation. The offender must submit the certificate to the local South Carolina Department of Motor Vehicles to request an IID driver’s license.
Offenders are required to have IIDs serviced every 60 days by the authorized vendor. During the service appointments, the vendor inspects and calibrates the device. The vendor downloads data from the device and inspects the device for tampering. The vendor submits a violation report to the state IID program for review.
In South Carolina, driving privileges are suspended in cases of repeat DUI convictions. In addition to suspension, offenders have the option to install IIDs. Offenders must serve the required suspension period and then install an IID to regain driving privileges. IIDs must be installed in all vehicles within 90 days of the end of the suspension period. If the offender does not install the IID, driving privileges are suspended for an additional three years and the offender will regain driving privilege after this extended suspension. The courts determine the amount of time that the IID must remain installed. Operating a vehicle without an IID results in additional charges and sanctions.
South Carolina uses a point system for IID violations. The IID requirement is extended for offenders who accumulate points while enrolled in the program. A breath sample of 0.02 or a running re-test of more than 0.02, but less than 0.04, results in 1/2 point. Failure to complete the required service on the device or a running re-test of more than 0.04, but less than 0.15, results in one point. Two points are assessed for a running re-test of 0.15 or higher Offenders who accumulate more than two, but less than three, points have the IID restriction extended for two months. Accumulating three, but less than four points, will result in the IID restriction being extended for four months. Four or more points will result in the restricted driver’s license being suspended for one year. The following is how points can be accumulated:
• attempt to start with alcohol concentration = .02% = ½ Point
• running re-test with alcohol concentration = .02% but < .04% = ½ Point
• running re-test with alcohol concentration = .04% but < .15% = 1 Point
• running re-test with alcohol concentration = .15% = 2 Points
• failure to report for download within 60 days = 1 Point
Additional Resources For Ignition Interlock South Carolina Laws
South Carolina Ignition Interlock Device Program
South Carolina Ignition Interlock Device Program Frequently Asked Questions
South Carolina Ignition Interlock Device
South Carolina Ignition Interlock Device Program Program Procedures
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