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Holland & Usry, P.A.

Doing Time Without Going to Jail: South Carolina Ignition Interlock for DUI/DUAC Convictions

For folks arrested for DUI/DUAC in Spartanburg or anywhere in South Carolina, the penalties for a conviction just got worse. Even for first-time offenders, South Carolina law now requires ignition interlock—a breath test before you can start your car.

Time on Ignition Interlock for DUI/DUAC Convictions

First Offenses

If you refuse the breath test, you can be required to use the interlock device for up to six months. The only way you can legally go without it for a full six months is not to drive—but to get your license back, you must have ignition interlock at least three months.

If you took the breath test and blew .15 or more, you will be required to use an ignition interlock for six months, and your license will be suspended until you get it.

If you blew less than .15, you don’t have to get ignition interlock. Still, giving a breath test can be a huge gamble: how do you know the breath test machine even works?

Repeat Offenders

Repeat offenses are measured by DMV records, not court records, so pleading down to a DUI First Offense when you’re charged with a DUI Second Offense won’t help you here. For a Second Offense, you’ll be required to use ignition interlock for two years. For a Third Offense, three years (unless your three offenses all occurred within the last five years; in that case, you’ll be using interlock for four years). For a Fourth Offense or more, ignition interlock is for life, but you can petition a court for removal after five years.

Did we mention that ignition interlock is expensive—and that you are 100 percent responsible for the costs?

Maybe the only good news about ignition interlock is that getting the device ends your license suspension. Other than that, it might make it more important than ever to fight a DUI charge. Imagine the constant embarrassment you’ll be subjected to, like having to blow into a device before you can drive a date to supper, take friends out, or go to a movie with your children. And the device has to take your picture too. Ignition interlock also burdens you with its costs and responsibility for maintenance, plus it carries steep criminal penalties for avoidance.

Your life will be much happier if you never have an ignition interlock device as part of it.

Our DUI/DUAC Attorneys Can Fight Ignition Interlocks & Defend You in Your Case

Before you have to worry about the reality of ignition interlock, you owe it to yourself to see whether you can avoid it by a properly defended DUI/DUAC case. Call us to schedule a free meeting to begin evaluating your defenses and explain how we might help you win your case. You can call us at 864-582-0416 or toll-free at 888-230-1841. We also have a free report, The Terrible Price of a DUI/DUAC Conviction, that you can download right from this website.

 

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