South Carolina DUI laws possibly changing in 2014
A bill is making its way through the South Carolina legislature that will stiffen penalties for drunk driving offenses.
MYRTLE BEACH, SC, March 27, 2014
A bill is making its way through the South Carolina legislature that will stiffen penalties for drunk driving offenses. Even a first DUI charge and conviction would trigger an ignition interlock program requirement, if an individual's alcohol concentration was above .12.Senator Joel Lourie proposed the change in law, known as Emma's law, after the New Year's Day death of Emma Longstreet in 2012. The impaired driver involved in the accident had prior DUI convictions.
The legislation formally labeled Senate bill 137 passed the Senate in March of last year. A subcommittee of the House Judiciary Committee will meet to discuss the legislation later this March. Progress in the House could mean that the measure will soon become law.
How the current Ignition Interlock Device Program (IIDP) works:
After a second conviction for driving under the influence, the Department of Motor Vehicles suspends an individual's license. Refusal to participate in the Ignition Interlock Device Program means an additional license suspension for three years beyond the initial suspension.
Enrolling in the current IIDP requires installing a small device that tests a breath sample before the vehicle can be started. Retesting while the vehicle is running is also required.
The DMV issues an IID restricted driver's license. IIDs are inspected at least once every 60 days to ensure the device is working properly. Failure to appear at a required inspection results in another type of penalty called an Ignition Interlock Point. Attempting to start a vehicle with an alcohol concentration above .02 percent or a re-test that finds any alcohol concentration above .02 also results in IIPs.
At the end of the IIDP period, there is a final inspection. If there have not been any IIPs the administrator of the program issues a letter of completion. Demerits received while in the program could extend the amount of time the IID is required. For instance, two IIPs would result in another two months in the program.
Proposed changes to the IIDP in the pending legislation:
A person who is in the IIDP cannot drive a motor vehicle that is not equipped with a ignition interlock device. Under the proposed law a first violation would be a misdemeanor with a fine of at least $1,000 or a jail sentence up to one year. The amount of time driving with an ignition interlock would also be extended. Penalties increase with subsequent offenses.
In addition, ignition interlock devices used in the state would need to take and record a picture of the driver using the device.When charged with an impaired driving offense, seek the counsel of an experienced Myrtle Beach DUI attorney. Ignition interlocks are just one of the many consequences of a conviction.