In 2023, the South Carolina Legislature made several major changes to the DUI (Driving Under the Influence) and DUAC (Driving with an Unlawful Alcohol Content) laws. These changes went into effect in May of 2024.
The South Carolina Legislature changed the penalties for refusing to take the breath test, urine screen, or blood test.
OLD LAW
Previous to May of this year, if a person exercised his or her rights and refused to take a breath sample, that person would immediately face an administrative license suspension of 6 months. The person had four options:
First, they could sit out the suspension and not drive for 6 months; when the six months was up, the person could enroll in ADSAP (Alcohol Drug Safety Action Program) and then obtain their regular license.
Second, they could enroll in ADSAP and obtain a route-restricted license that would allow them to drive back forth to home, work, and ADSAP during their 6-month suspension. Once their suspension was over, they could then obtain their regular license.
Third, they could enroll in ADSAP, have an IID (Ignition Interlock Device) installed in their vehicle, and then obtain an IID license that would allow them to drive during their 6-month suspension. Once their suspension was over, they could then obtain their regular license and have the IID removed from their vehicle.
Or, the person could request an Administrative Hearing challenging the suspension. The person would then be able to obtain a TAL (Temporary Alcohol License) while waiting for their hearing. The TAL was not route restricted and did not require an IID. If the person won their administrative hearing, they would receive their regular license back. If the person lost their administrative hearing, their suspension would go back into effect (with receiving credit for any suspension time they served prior to obtaining a TAL. They could then wait out their suspension or obtain a Route-Restricted or IID License for their remaining suspension time.
NEW LAW
Effective May 19, 2024, if person refuses to take a breath test, they can still sit out their suspension. When their suspension is over, and they have enrolled in ADSAP, they can obtain their regular license.
If the person needs to drive during their suspension period, they can enroll in ADSAP and obtain the IID license for the 6-month suspension. When the suspension is over, they can obtain their regular license.
There is no longer a Route Restricted License. It is either sit out the suspension or obtain an IID license during the suspension period.
A person can still request an administrative hearing to challenge their license suspension, but the ramifications of that have changed. If a person requests an administrative hearing, they are still eligible for a TAL (Temporary Alcohol License) which allows them to drive until the administrative hearing. But, if a person loses the administrative hearing, they must obtain an IID license. They cannot sit out the suspension period. They do get credit for any suspension served prior to obtaining the TAL, but they must obtain an IID license for a minimum of 90 days.
There is now a penalty for requesting an Administrative Hearing and losing. You have to have the IID for a minimum of 90 days.
The legislature has tried to soften this blow somewhat by creating a new type of TAL. A person can now elect to have a TAL that has an IID requirement. If a person chooses a TAL with an IID, they get credit for anytime time they serve on the IID if they lose the Administrative Hearing. For example, if the person has the IID TAL for 5 months before the Administrative Hearing, and they lose the Administrative Hearing, they would only have to have the IID on for 1 more month.
Remember that you have to pay to have an IID in your vehicle. You have to pay to have it installed, serviced, and pay a monthly fee for each month it is in your vehicle.
