Drunk and drugged driving remain among the leading causes of fatal car crashes throughout the country. One regional official with Mothers Against Drunk Driving (MADD) says, “South Carolina…is the worst state in the nation for drunk driving.” Last year, according to the South Carolina Department of Public Safety, nearly 5,300 crashes and 367 deaths were attributed to impaired driving.
Not surprisingly, many states – including South Carolina – are taking steps to strengthen laws against it. That means tougher consequences for those convicted. It also means making first-time offenders subject to penalties once reserved largely for repeat offenders or those with an extremely high blood alcohol concentration (BAC) at the time of their arrest.
The “All Offender Law”
This May, South Carolina enacted a new law that requires all people convicted of DUI to install ignition interlock devices (IIDs) in their vehicles in order to be able to drive legally. Drivers will receive a restricted driver’s license that states the IID requirement on it.
Prior to what’s known as the “All Offender Law,” IIDs were required only for people who had prior DUI convictions or registered a BAC of over .15% BAC. The new law is expected to double the number of people with IIDs by next year.
It’s crucial to understand IIDs – and the possible consequences of not getting one
As most people know, an IID is a breathalyzer-type device that drivers must blow into to show that they’re sober before the vehicle’s engine will start. These devices, which have gotten more sophisticated over the years, have safeguards to prevent others from providing the breath sample needed to start the vehicle. These include “rolling retests” that are required while the vehicle is in use.
Too many people opt not to get an IID either because of the expense (which can be waived or reduced) or because they find it inconvenient or embarrassing. However, they continue to drive. Not only do they risk further criminal penalties for driving without a valid license, but they risk another DUI or worse if they continue to drive after drinking, even if they don’t feel impaired. The states that already have a law requiring an IID after a first-time DUI conviction have fewer drunk driving-related deaths.
Certainly, if you can and should seek an outcome where you aren’t convicted. If you are, however, it’s crucial to understand the requirements of South Carolina’s ignition interlock program if you choose to get one (as opposed to giving up driving) and the possible consequences if you choose not to get an IID. Having experienced legal guidance can help you protect your rights and make the best decisions for your future.
