DUI License Suspension in SC: Options for Restricted Driving Privileges
Facing a DUI arrest in South Carolina can be a life-altering event, especially when it comes to the suspension of your driver’s license. Fortunately, the state offers several options for restricted driving privileges, allowing individuals to regain some driving rights under strict conditions. This guide will walk you through these options, recent changes in DUI laws, and provide insights into DUI statistics in South Carolina.
Recent Changes to South Carolina DUI Laws
South Carolina has recently implemented stricter DUI laws, particularly when it comes to repeat offenders and the use of ignition interlock devices (IID). Starting in 2024, all individuals convicted of DUI, regardless of the severity of the offense, are required to install an IID in their vehicle. This breathalyzer-like device prevents the vehicle from starting if the driver’s blood alcohol concentration (BAC) is above a set limit. Previously, IID installation was mandatory only for offenders with high BAC levels or repeat convictions. The introduction of this law reflects South Carolina’s growing commitment to reducing alcohol-related accidents on the road.
In addition to the IID requirement, recent changes emphasize harsher penalties for failing to comply with restricted license terms and increased surveillance for those using route restricted licenses. This means violations of restricted driving privileges, such as driving outside of approved routes, could lead to additional criminal charges and extended license suspensions.
DUI Statistics in South Carolina
To better understand the prevalence and consequences of DUI arrests in South Carolina, here are some notable statistics:
– Total DUI arrests: In 2022, there were over 12,000 DUI arrests across the state, with Richland County and Lexington County seeing some of the highest numbers of arrests – Alcohol-related fatalities: According to the South Carolina Department of Public Safety, approximately 30% of all traffic fatalities in South Carolina in 2022 involved alcohol
– First-time offenders: The majority of DUI arrests in South Carolina involve first-time offenders, but nearly 25% are repeat offenders, leading to harsher penalties, including longer suspensions and mandatory IID installation .
These statistics highlight the serious consequences of DUI arrests and the importance of exploring restricted driving privileges to regain your ability to drive legally.
What Are the Different Types of Restricted Licenses Available After a DUI?
South Carolina offers several options for individuals who need to drive while serving a DUI-related suspension:
1. Temporary Alcohol Restricted License (TARL)
– Who qualifies: Individuals who refuse a breathalyzer or have a BAC above 0.15%.
– How it works: A TARL allows you to drive while waiting for an administrative hearing on your license suspension. You must request this hearing within 30 days of your arrest.
– Cost: $100 for the TARL application, plus a $200 fee for the hearing.
2. Route Restricted License
– Who qualifies: Individuals who need to drive to work, school, or ADSAP.
– Limitations: You can only drive to pre-approved locations. Violating these routes can result in additional penalties.
– Cost: $100 application fee.
3. Provisional License
– Who qualifies: First-time DUI offenders with a BAC under 0.16%.
– How it works: This license allows broader driving privileges for lawful purposes and requires completion of ADSAP.
– Cost: $100 application fee, plus the cost of ADSAP.
4. Ignition Interlock Device (IID) License
– Who qualifies: Repeat offenders or individuals with a BAC above 0.15%.
– How it works: The IID license allows you to drive only with an IID installed in your vehicle, ensuring sobriety while on the road.
– Cost: $60-$150 per month for installation and maintenance, plus the cost of SR-22 insurance.
What to Expect During a DUI Arrest in South Carolina
If you are arrested for a DUI in South Carolina, the process typically unfolds as follows:
1. Traffic Stop:
You will be pulled over by an officer if they suspect impaired driving. The officer will ask for your driver’s license, registration, and proof of insurance.
2. Field Sobriety and Breathalyzer Test:
The officer may ask you to perform field sobriety tests and take a breathalyzer test. Refusing the breathalyzer will result in an automatic license suspension.
3. Arrest:
If the officer believes you are intoxicated, you will be arrested and taken into custody for further processing.
4. License Suspension:
Following your arrest, your driver’s license will be suspended unless you contest the suspension within 30 days.
Pro Tip: Stay calm, comply with the officer’s requests, and consult an attorney as soon as possible to discuss your options for a restricted license.
Frequently Asked Questions (FAQ)
Q: What happens if I drive outside the approved routes with a route restricted license?
Answer: Driving outside of your approved routes is a serious violation and can result in criminal charges for driving under suspension. This could extend your license suspension period and lead to additional fines or jail time.
Q: Can I drive anywhere with a provisional license?
Answer: Yes, a provisional license allows you to drive anywhere for any lawful purpose, but it is only available to first-time offenders who have completed ADSAP and meet the BAC requirements.
Q: How long do I need to keep the ignition interlock device in my vehicle?
Answer: The duration of the IID requirement depends on your BAC at the time of arrest and whether you have prior DUI convictions. For repeat offenders, the device may be required for up to three years.
Q: Will my insurance rates increase after a DUI?
Answer: Yes, following a DUI conviction, you will need to carry SR-22 insurance, which is typically more expensive than regular coverage. This requirement usually lasts for three years.
Conclusion: Regain Your Driving Privileges After a DUI
A DUI suspension doesn’t have to leave you stranded. South Carolina offers various restricted driving privileges that allow you to maintain your daily responsibilities while serving your suspension. Whether you need a Temporary Alcohol Restricted License, a Route Restricted License, or an IID License, there are options available to help you legally drive again.
If you’re facing a DUI charge in Columbia, Lexington, Camden, or Union, contact Thompson & Hiller Defense Firm today. Our experienced DUI attorneys can guide you through the process, help you regain your driving privileges, and ensure you are fully aware of your legal rights.
