South Carolina drivers ask us the same DUI questions again and again. The answers below cover traffic stops, breath tests, penalties, license suspensions, and the IID interlock device rules that now follow nearly every DUI conviction in this state.
Is It Illegal to Drink Alcoholic Beverages and Drive in South Carolina?
No. In South Carolina, you may drink alcohol and then drive. To get a DUI conviction, a judge or jury must find beyond doubt that alcohol impaired your ability to drive. Proof of drinking alone does not result in a DUI conviction. See our related guide: Possession of Alcohol by a Minor in South Carolina: What You Need to Know.
If I Register Over .08 on the Breathalyzer Test, Am I Automatically Guilty of DUI?
No. The breath test result is one piece of evidence. A judge or jury can weigh it during trial. Our office knows issues with breath test machines that may block use as evidence. Under the South Carolina 2009 DUI Reform Act, penalties and jail time increase based on breath results.
Is It My Legal Right to Refuse to Take the Field Sobriety Test?
Yes. An officer may not tell you this, but you do not have to take field sobriety tests.
Is It My Legal Right to Refuse to Take the Breathalyzer Test?
Yes. A refusal can result in a six-month license suspension. We can help restore your driving rights. You must act fast, as time limits apply.
Do I Have the Right to Remain Silent When I Am Stopped for or Investigated for DUI?
Yes. Any person under criminal investigation has the right to remain silent at all times.
If I Am Stopped for DUI, Am I Being Video and Audio Recorded?
Yes. South Carolina has a mandatory video recording law. Everything you say and do from the moment you are pulled over until the process ends is recorded. This includes both video and audio.
How Can I Get a License to Drive If It Was Seized or Forfeited During My Arrest?
You must request an administrative hearing within thirty days of the suspension notice the officer hands you. You can then apply for a temp license. Contact our office. We will guide you through the steps.
What Is an Ignition Interlock Device (IID)?
An ignition interlock device is a small breath alcohol analyzer wired to a vehicle's ignition system. It is also called a car interlock, breathalyzer ignition, or alcolock. South Carolina paperwork usually shortens the name, so a court order or an SCDMV letter may simply refer to the IID, or ignition interlock device, you must install. Before the engine starts, the driver must blow into the device. If alcohol above a set level is detected, the ignition locks and the vehicle will not start.
Interlock devices do more than test at startup. During a trip, the device requires rolling tests at random times. If a driver fails a rolling test or refuses to give a sample, the device logs the event. The horn and lights may turn on until the engine is turned off. Every result – pass, fail, or missed – is recorded. That data is sent during regular check-in visits and reported to the agency in charge.
An interlock device in a DUI case is one of the most common court rules in South Carolina. Understanding how these devices work helps you meet your duties and restore full driving rights.
How Serious Is a DUI Charge? It Was Written on the Same Type of Blue Ticket as Speeding Tickets.
Under the South Carolina 2009 DUI Reform Act, DUI results in South Carolina are among the strongest in the nation. Penalties and jail time have risen sharply. Repeat offenders can face mandatory jail time and mandatory interlock devices on their vehicles for at least two years.
Even first-time offenders now face an interlock rule. Under current law, a first DUI conviction generally requires the device for six months, whatever the breath reading was. The device is no longer reserved for repeat offenses. A single charge for drunk driving can put one on your car.
The sections below explain the ignition interlock device program in detail. Topics include who must enroll, how to install the device, and what it costs.
What Is the Punishment for a DUI Conviction?
DUI penalties in South Carolina rise sharply with each offense. Under the state's drunk driving penalty law, punishment depends on prior offenses and on the driver's breath alcohol reading at arrest.
First offense: Fines range from $400 to $1,000 based on the breath reading. Jail time may range from 48 hours to 90 days. Your license is suspended, and the way out of that suspension is to enroll in the interlock program and carry an interlock restricted license for six months. You must also complete the state Alcohol and Drug Safety Action Program. To drive legally again you must file proof of high-risk insurance, known as an SR-22, for three years.
Second offense: Fines range from $2,100 to $6,500. Jail time may range from five days to three years. The interlock device must stay on your vehicle for two years before full driving privileges return. SR-22 insurance is required for three years.
Third offense: Fines range from $3,800 to $10,000. Prison time may range from 60 days to five years. The interlock device must stay on your vehicle for three years, or four years when the third offense falls within five years of the first. SR-22 insurance is required for three years.
Fourth or subsequent offense: A fourth or later DUI is classified as a felony in South Carolina. Prison time may range from one to seven years, and the interlock device requirement lasts for life.
A DUI conviction stays on your criminal record forever. It can be used to increase punishment if you are charged again within ten years. Every case is different. Talk to a South Carolina DUI attorney about the penalties you may face.
What Are the "Non-Judicial" Punishments for a DUI Conviction?
These can include travel limits outside the U.S. and employment issues regarding background checks.
Can I Have a Lawyer to Represent Me in a DUI Charge?
Yes. This is a serious charge. Your freedom and finances could change if you are convicted of a DUI. We strongly advise that you hire an attorney with DUI defense experience. Many DUI cases have legal defenses that only an experienced DUI defense attorney can find. The lawyer who handled your divorce or your house closing is rarely the right fit for a DUI case.
I Was Arrested/Charged With DUAC. What's That?
Driving with an Unlawful Alcohol Concentration (DUAC) means driving with a breath alcohol reading of 0.08 or more. The state does not have to prove that your driving was impaired, because the number alone supports the charge. The penalties match those for a DUI.
Can't I Enroll in Pre-Trial Intervention (PTI) and Have This Removed or Expunged off My Record?
No. This option does not apply to DUI or DUAC charges.
The South Carolina Ignition Interlock Device Program
South Carolina's ignition interlock device program is run by the SC Department of Probation, Parole and Pardon Services (SCDPPPS), working alongside SCDMV. Enrollment in the ignition interlock program is now the standard route back to a valid license. Under the state's ignition interlock law, a driver convicted of DUI or DUAC must put a device on the car before driving legally again.
You are required to enroll if you fall into one of these groups:
- Any DUI or DUAC conviction, including a first offense, whatever the breath reading
- Drivers issued a temporary alcohol license after an implied consent suspension, including a breath test refusal
- Drivers who want to end a suspension early and get back on the road
One narrow exception exists: a driver who took the breath test and registered 0.00. SCDMV may also waive the device for a documented medical condition that keeps a person from giving a breath sample.
The length of the interlock requirement depends on the offense. A first offense carries six months. A second offense carries two years. A third offense carries three years, and four years when it falls within five years of the first offense. A fourth or later offense carries the device for life.
The interlock rule applies across Upstate South Carolina – Greenville, Spartanburg, and Anderson counties. Because the program involves both SCDPPPS check-ins and SCDMV licensing, an attorney who knows both sides can make a real difference.
How to Get an Ignition Interlock Device in South Carolina
If you need to get an ignition interlock device in South Carolina, follow these steps:
Get your interlock rule notice. After conviction or as a condition of license return, SCDPPPS or SCDMV will notify you that you must install an interlock device.
Pick a state-approved interlock provider. South Carolina keeps a list of approved providers. You must choose from this list. Devices from non-approved vendors will not meet the requirement.
Book installation at a certified service center. The provider will install the device on your vehicle at an approved location. Installation typically takes one to two hours.
File proof of installation with the DMV. Your provider reports the install to the DMV interlock device office. You then register your ignition interlock device with the DMV and apply for an interlock restricted driver's license. That license lets you drive legally during the interlock period.
Go to monthly calibration and check-in visits. The device must be recalibrated often, typically every 30 days. During these visits, the provider gets your data log and sends it to the agency in charge.
Some drivers sign up for the interlock program on their own to get early license return before the full suspension ends. Voluntary installation follows the same steps. It requires a separate request to SCDMV. Talk to a DUI defense attorney to decide if this choice fits your case.
Line up a ride before that appointment. The restricted license does not take effect until the device is installed and certified, so driving yourself to get the interlock installed can bring a driving-under-suspension charge.
How Much Does an Ignition Interlock Device Cost in South Carolina?
Cost is one of the most common concerns for drivers facing an interlock rule. While fees vary by provider, here are the typical ranges in South Carolina:
- Installation: About $75 to $150 to start
- Monthly check-in and lease fees: Typically $70 to $100 per month. This covers device rental, calibration, and data reporting.
- Removal fee: Generally $50 to $100 when the interlock period ends
Over a six-month first offense period, total costs may range from about $500 to $800. For a two-year second offense period, costs can go well above $2,000. These are general estimates. Actual costs may vary by provider, vehicle type, and case facts.
South Carolina keeps an Ignition Interlock Device Fund that covers installation and standard use for drivers who cannot afford the device. You apply by filing an affidavit of indigency with SCDPPPS, which reviews each request. Ask your attorney or interlock provider whether you may qualify.
Because the financial burden can be large, compare approved providers before you commit. Monthly fees and service quality can differ.
How Long Does a DUI Stay on Your Record in South Carolina?
In South Carolina, a DUI conviction generally stays on your criminal record forever. Unlike some offenses, DUI and DUAC convictions cannot be erased. Pre-Trial Intervention is also not available for these charges.
For the SCDMV driving record, a DUI stays on file for at least 10 years. During that time, a new DUI charge can be treated as a second or later offense. This means much higher penalties and longer interlock rules.
Beyond the legal record, a DUI conviction can hurt job chances, professional licenses, and background checks for years. These effects make it vital to take any DUI charge very seriously from the start. If you face a DUI charge, talk to a South Carolina DUI attorney about how to protect your record and future.
Talk to an Upstate South Carolina DUI Defense Attorney
Facing a DUI charge or an interlock device rule can feel hard. Sumner & Todd, Attorneys at Law focuses on DUI defense in Upstate South Carolina. We know the local courts in Greenville, Spartanburg, and Anderson counties. We also handle SCDMV administrative hearings.
Whether you have questions about your breath test results, your license suspension, or the interlock process, we can guide you through your options. Contact us today for a free consultation to discuss your case and learn what steps to take next.
Frequently Asked Questions
How Much Does an Ignition Interlock Device Cost per Month in South Carolina?
Monthly interlock costs in South Carolina typically range from $70 to $100. This generally covers device rental, calibration, and data reporting. Actual costs may vary based on the provider and your specific facts. Some drivers may qualify for help through the SC Ignition Interlock Device Fund if they show financial hardship.
How Do I Get an Ignition Interlock Device Removed from My Car in SC?
Once your court-ordered interlock period ends and SCDPPPS confirms you followed the rules, you can book a removal visit with your approved provider. The provider will remove the device and send final papers to SCDMV. You may then apply to have the interlock limit removed from your license. A removal fee – typically $50 to $100 – generally applies.
Does South Carolina Require an IID for a First-Offense DUI?
Yes. Under current South Carolina law, a first DUI or DUAC conviction requires an ignition interlock device for six months, whatever your breath reading was. The older rule that applied the device only at 0.15 and above no longer limits it. The one exception is a driver who took the breath test and registered 0.00.
Can I Get a Restricted License with an Ignition Interlock Device in South Carolina?
Yes. After installing an approved interlock device and filing proof with SCDMV, you may apply for an interlock-restricted driver's license. This restricted license lets you drive vehicles with the interlock device during your suspension period. It does not let you drive any vehicle without an installed interlock device.
What Happens if I Fail an Ignition Interlock Breath Test?
If you fail a start-up test, the device will lock the ignition and stop the vehicle from starting. If you fail a rolling test while driving, the device typically logs the violation. The horn and lights may turn on until you pull over and turn off the engine. Failed tests are sent to SCDPPPS and may result in longer interlock periods, extra penalties, or probation issues based on your case facts.