Under certain circumstances, you may be ordered to install ignition interlock in your car. Ignition interlock devices are becoming more prevalent in DUI laws around the country and now here in South Carolina. Pursuant to “Emma’s Law,” persons convicted of DUI can now be mandated to have an ignition interlock. Because you need to know, we explain when ignition interlock is required.

PRE-CRIME IGNITION INTERLOCK

As is the movie Minority Report, you can now be punished even before your criminal trial and outcome. In fact, there are actually two (2) aspects of every SC DUI arrest – (1) civil or DMV consequences, and/or (2) criminal consequences, if convicted. Strangely, even if you are ultimately acquitted of the criminal charge, the civil or DMV consequences can still apply.

DMV SUSPENSION OF LICENSE BEFORE CRIMINAL CONVICTION

When arrested for a SC DUI, you will be asked to submit to breath testing. You will be explained your “implied consent” has already been given by merely driving on SC roads. If you refuse (which is your Constitutional right under the 5th Amendment) or if your blood alcohol concentration (BAC) “result” is 0.15 or greater, your license (SC state resident) or driving privilege (out of state resident) will be suspended for six (6) months (for a first time DUI offense). Upon release, you will be given a “blue” form showing this suspension, and on the back, you can complete and mail back along with a $200.00 certified check or money order your “challenge” to this suspension.

There is a deadline of thirty (30) days to take this action, or the suspension challenge will be waived. A DMV hearing will be held in approximately 45 – 60 days. For our clients here in Fort Mill, Rock Hill, and Indian Land, that hearing is held in Chester, South Carolina. If the arresting officer shows up, you lose your challenge. And the suspension will be upheld. But if the officer fails to show, your suspension is rescinded. Even if you “win” here, you still face ignition interlock in the criminal case.

POST CRIMINAL DUI CONVICTION

If convicted by a judge or jury or if you plead guilty, you will get ignition interlock installation in your vehicle. The only way to avoid ignition interlock altogether is to defeat the initial DMV suspension and then win your criminal case or plead to a lesser charge and/or BAC level. But if you acquitted at trial, there are no consequences at all.

Make sure you plead to a lesser charge, such as reckless driving. Or to a BAC level of less than 0.15. Now, DUI and DUAC are essentially the same. DUAC is not a lesser charge. But remember, it is the BAC level that sets the requirement for ignition interlock installation. We will guide you through the process and advise you on how best to proceed after we review all of the State’s evidence in your case. Of course, you make all decisions after our counsel.

HOW IGNITION INTERLOCK SYSTEMS ACTUALLY WORK

Breath alcohol ignition interlock devices (IID) are installed by certified manufacturer and connect to the vehicle’s ignition system. There is no drilling or permanent changes to your car during installation or removal. Affected drivers must blow air into the device and be “cleared” before the vehicle’s engine will start. The driver must also periodically test while the vehicle is in operation. If the device detects a BAC level at or above 0.02, either the engine will not start (before operation) or will register a “violation” (while in operation). Contrary to myth, ignition interlock devices do not shut off vehicle engines while being driven and in operation. That would be extremely dangerous and could result in accident and injury. Violations are assigned certain point values, and point accumulations will result in additional penalties.

FREQUENTLY ASKED QUESTIONS ABOUT IGNITION INTERLOCK

Who is required to have ignition interlock? Any one convicted of a DUI 1st offense who refuses breath testing or registers a BAC level of 0.15 or greater. Also, any person convicted of a second or subsequent DUI offense.

Where do you go to get ignition interlock and who pays for it? There are several certified manufacturers here in South Carolina, including Guardian (800-499-0994), LifeSafer (888-861-1172), and SmartStart (800-880-3394). The convicted driver pays all related costs. And the driver is also required to return to the installer every sixty (60) days to have the device recalibrated and all testing data downloaded.

How long will you be required to have ignition interlock installed? DUI 1st offense – 6 months; DUI 2nd – minimum of 2 years; DUI 3rd offense – minimum of 3 years; DUI 4th or greater – lifetime (assuming you have any license to drive at all).

Do you have to have ignition interlock installed in all vehicles in your name? No. But, you cannot operate a vehicle without the system. If you do, such violation is a new criminal offense with new potential penalties. For those who drive a work truck or vehicle, you can apply for a employer exemption from the DMV. Other persons can drive your vehicle, but you will be held responsible for any violations.

Even if they “blow” 0.02, you will be assessed the violation points. And, of course, any attempt to defeat the system by having someone else register a sample before you drive is a serious violation that can result in revocation of your license and other penalties. This is a serious matter. We strongly advise against anyone trying to be clever here.

For more information about a SC DUI or ignition interlock issues, you can contact DUI attorney Robert J. Reeves directly by calling his mobile phone 803-554-4157 or email him at .