Ignition interlock in South Carolina after a DUI

The 2024 change: interlock for every offender

Before May 19, 2024, PPP says a first offender with a BAC under 0.15 was not required to install a device. A law that took effect that day changed that. Now, a person convicted of DUI or DUAC, including a first offense, ends the license suspension by enrolling in the Ignition Interlock Device Program and getting an ignition interlock restricted license.

The DMV's reinstatement page notes two related changes for violations on or after that date: first offenders with a BAC under 0.14 can no longer get a provisional license, and refusal and 0.15 suspensions no longer qualify for a route-restricted license.

The program is run by the S.C. Department of Probation, Parole and Pardon Services (PPP). The restricted license itself comes from the DMV.

How long the device stays on

After a conviction, S.C. Code § 56-5-2990 sets the period:

A first offender is not eligible for a provisional license instead. For felony DUI, the device is required for three years (great bodily injury) or five years (death) after release.

People with a lifetime requirement can ask for a review five years after reinstatement and every five years after that.

Using an interlock to end an administrative suspension

The interlock also works for the DMV's suspension for a refusal or a 0.15 or higher test. Under § 56-5-2951, you can enroll in the program within 30 days of the notice instead of getting a temporary alcohol license, and you can end an upheld suspension by driving with a device for the rest of the suspension period, with a three-month minimum. Days already spent on the device count. Under § 56-5-2941, if you hold a temporary alcohol license, the device is not required until the suspension is upheld or you waive the hearing. See the DMV hearing guide.

Getting the restricted license

Under S.C. Code § 56-1-400, the DMV issues the ignition interlock restricted license once it gets written notice that a certified device has been installed. The license fee is $100. If you do not have the device installed, the suspension stays in place.

You also must enter any ADSAP education or treatment recommended for you; § 56-5-2990 makes that a requirement for the restricted license. See the ADSAP guide.

The device and the companies

Only devices certified by PPP may be used, installed by certified service providers. By law, every certified device must:

• prevent the vehicle from starting at an alcohol concentration of 0.02 or more
• require running retests while driving and record violations at 0.02 or more
• take a photograph of the driver at each test

PPP lists four certified manufacturers:

Ask each company for its installation, monthly, and removal fees and its nearest service center. Our interlock listings show the same companies. A listing is not a recommendation.

What it costs

The law puts the cost on the driver. On top of the company's charges, the service provider collects a monthly fee for the state's Ignition Interlock Device Fund, set by PPP at no more than $30 a month. An affidavit of indigency can be submitted to PPP if you cannot afford the device.

Inspections and the point system

You must have the device inspected every 60 days. The service provider's report shows your result at each start attempt and running retest. Violations earn points under a system managed by PPP. For example, a missed running retest is one point, and tampering or having someone else blow is one and a half points.

You can contest a point assessment in a hearing before the Office of Motor Vehicle Hearings, and appeal its decision to the Administrative Law Court, but filing that appeal does not put the interlock requirement on hold.

Crimes connected to the interlock

• Tampering with or disabling the device, including covering the camera: up to $500 and/or 30 days.
• Asking someone else to blow, or blowing for someone: up to $500 and/or 30 days.
• Renting or lending a vehicle without a device to someone who needs one: up to $500 and/or 30 days.
• Driving a vehicle without a device when you are required to have one:

Medical waivers

If the DMV finds you have a medical condition that makes you unable to operate the device properly, it can waive the requirement. In that case, the law says your license is suspended for the time you would have had the interlock restriction.