2014 ACT 158 Amendments to Ignition Interlock Laws October 1, 2014

Key Terms IID-Ignition Interlock Device-a device connected to a vehicle’s engine ignition system that detects BAC level BAC-Blood Alcohol Concentration-refers to the amount of alcohol present in a specific volume of blood ADSAP-Alcohol and Drug Safety Action Program-a statewide substance abuse program for individuals with certain alcohol and/or drug-related violations and/or suspensions DUAC-Driving with an Unlawful Alcohol Concentration-driving with a blood alcohol concentration greater than 0.08 DUI-Driving under the Influence-refers to driving a motor vehicle while under the influence of alcohol to the extent that the person’s faculties to drive a motor vehicle are materially and appreciably impaired Felony DUI-refers to operating a motor vehicle under the influence of drugs,alcohol or both causing great bodily injury or death to a person other than himself, including passengers, pedestrians, and other motorists. 2

3 What is an Ignition Interlock Device (IID)? A device the size of a hand held calculator which is connected to the vehicle’s engine ignition system

4 What is an Ignition Interlock Device (IID)?  The driver of the vehicle with an IID must blow into the device before the vehicle is started and randomly while the vehicle is in motion.  If the blood alcohol concentration (BAC) is above a certain level the vehicle will not start.  If the BAC of the driver is above a certain level and the vehicle is in motion, the vehicle’s lights will blink and the horn will sound.

5 How does the Ignition Interlock Device work?

6 Who pays for the IID?  The driver must pay for the device, the installation, and the monthly fee.  If proven indigent by submitting an Affidavit of Indigency to the Department of Probation, Parole and Pardon (PPP), PPP will bear the cost from the Interlock Device Fund. Note: The Affidavit of Indigency is a PPP form. Not a DMV form.

How Will the IID Be Installed? As of November 2014, there are three vendors in South Carolina with 29 locations. PPP will maintain a current list of vendors on its website. ( 7

Installation Certificate Will be Presented to DMV The examiner administering the skills test for the driver will verify the installation. 8

Mandatory now means mandatory For any offense dated before 10/1/2014, drivers have the option to wait three years instead of meeting the IID requirement. For any offense dated on or after 10/1/2014, drivers will NOT have the option to wait out the term for a mandatory IID requirement. 9

Underage Implied Consent The following suspension requirements under Implied Consent did not change on October 1, S.C. Code Ann. § Underage Implied Consent (Refused Test) At least 6 months suspension and enroll in ADSAP. No IID requirement. No route restricted license available. Underage Implied Consent (Test Result over 0.02%) At least 3 months suspension and enroll in ADSAP. No IID requirement. No route restricted license available. 10

What’s Changing? Implied Consent S.C. Code Ann. § Implied Consent of Person Under Arrest for DUI (Refused Test) FORMER Offense Date Prior to 10/1/2014 Serve suspension and enroll in ADSAP. No IID requirement. May be eligible to obtain route restricted license by enrolling in ADSAP. NEW Offense Date on or After 10/1/2014 Driver has three options: 1.Serve suspension and enroll in ADSAP. No IID requirement. 2.May be eligible to obtain route restricted license by enrolling in ADSAP. 3.Suspension can be cleared by enrolling in ADSAP and having IID installed for the remainder of the suspension (minimum of 3 months) 11

What’s Changing? BAC 0.15% or Greater S.C. Code Ann. § FORMER Offense Date Prior to 10/1/2014 Serve suspension and enroll in ADSAP. No IID requirement. May be eligible to obtain route restricted license by enrolling in ADSAP. NEW Offense Date on or After 10/1/2014 Driver has three options: 1.Serve suspension and enroll in ADSAP. No IID requirement. 2.May be eligible to obtain route restricted license by enrolling in ADSAP. 3.Suspension can be cleared by enrolling in ADSAP and having IID installed for 3 months. 12

DUI/DUAC 1 st Offense S.C. Code Ann. § Refused to Take Breath Test FORMER Offense Date Prior to 10/1/2014 Serve suspension and complete ADSAP. No IID requirement. May be eligible to obtain provisional license by enrolling in ADSAP and filing Form SR-22. NEW Offense Date on or After 10/1/2014 Not eligible to obtain a provisional license. Driver has two options: 1.Serve suspension and complete ADSAP. 2.Suspension can be cleared by completing ADSAP and having IID installed for remainder of the suspension period (minimum of 3 months). 13

DUI/DUAC 1 ST Offense S.C. Code Ann. § Breath Test Reading Less than 0.15% FORMER Offense Date Prior to 10/1/2014 Serve 6 months suspension and complete ADSAP. No IID requirement. May be eligible to obtain provisional license by enrolling in ADSAP and filing Form SR-22. NEW Offense Date on or After 10/1/2014 Driver has three options: 1.Serve 6 month suspension period and complete ADSAP. 2.Obtain a provisional license by enrolling in ADSAP. Form SR-22 does NOT have to be filed to obtain a provisional license. 3.Suspension can be cleared by completing ADSAP and having IID installed for remainder of the suspension period (minimum of 3 months). 14

DUI/DUAC 1 ST Offense S.C. Code Ann. § Breath Test Reading 0.15% or Above FORMER Offense Date Prior to 10/1/2014 Serve 6 months suspension and complete ADSAP. No IID requirement. May be eligible to obtain provisional license by enrolling in ADSAP and filing Form SR-22. NEW Offense Date on or After 10/1/2014 Driver’s license is suspended indefinitely. The driver is not eligible to obtain a provisional license. The suspension can be cleared by completing ADSAP and having IID installed for 6 months. 15

DUI/DUAC 2 nd Offense S.C. Code Ann. § FORMER Offense Date Prior to 10/1/2014 Serve 1 year suspension and complete ADSAP. IID installed for 2 years. NEW Offense Date on or After 10/1/2014 Driver’s license is suspended indefinitely. The suspension can be cleared by completing ADSAP and having IID installed for 2 years. 16

DUI/DUAC 3rd Offense Within 10 Years S.C. Code Ann. § FORMER Offense Date Prior to 10/1/2014 Serve 2 year suspension and complete ADSAP. IID installed for 3 years. NEW Offense Date on or After 10/1/2014 Driver’s license is suspended indefinitely. The suspension can be cleared by completing ADSAP and having IID installed for 3 years. 17

DUI/DUAC 3rd Offense Within 5 Years S.C. Code Ann. § FORMER Offense Date Prior to 10/1/2014 Serve 4 year suspension and complete ADSAP. IID installed for 3 years. NEW Offense Date on or After 10/1/2014 Driver’s license is suspended indefinitely. The suspension can be cleared by completing ADSAP and having IID installed for 4 years. 18

DUI/DUAC 4 th Offense or Above S.C. Code Ann. § FORMER Offense Date Prior to 10/1/2014 Driver’s license is forever barred. If forever barred status is ever lifted by court, the customer must have IID for life. (The driver can ask the Department of Probation, Parole, and Pardon Services (PPP) to lift the IID requirement 10 years after the last offense and again each 5 years thereafter.) NEW Offense Date on or after 10/1/2014 Driver’s license is suspended indefinitely. The suspension can be cleared by completing ADSAP and having IID installed for life. There is no provision for the IID requirement to ever be lifted. 19

Felony DUI S.C. Code Ann. § FORMER Offense Date Prior to 10/1/2014 Driver’s license suspension for time physically imprisoned plus 3 years if victim had great bodily injury or plus 5 years for death. Complete ADSAP. No IID requirement. NEW Offense Date on or after 10/1/2014 Driver’s license is suspended indefinitely. After release from any physical imprisonment, the suspension can be cleared by completing ADSAP and having IID installed for 3 years if victim had great bodily injury or 5 years for death. 20

Things to Remember Form SR-22 is no longer a requirement for a provisional license. Must still enroll in ADSAP. Driver’s licenses with IID restrictions issued on or after 10/1/2014 cost $ The end of the IID license and issuance of the regular license both depend on clearance from PPP. 21

Ignition Interlock Coordinators PPP Ruth Ann Cartwright (803) DMV Susan “Dennie” Bedenbaugh (803)