No More Provisional Licenses Under South Carolina’s “All Offender Law”
As of May 19th, provisional licenses for driving under the influence will no longer be issued. The new law took effect earlier this year as South Carolina takes aim at its toughest DUI laws in a decade.
Staying informed on the latest changes and stronger penalties is imperative. If you or a loved one are facing alcohol-related charges, a Rock Hill DUI attorney from Barboza Law can help you understand your rights.
What is a Provisional License?
Prior to May 19th, a person convicted of a DUI in South Carolina could qualify for one of two provisional licenses. For a first-time DUI or DUAC (unlawful alcohol concentration), an offender may qualify for an unrestricted provisional license. This temporary license would allow an eligible person to drive normally for a period of 6 months or the duration of their suspension.
The other provisional license is a route-restricted license, or “hardship license.” Before the new law, if a person was convicted of their second or third DUI offense, they could qualify for a hardship license that would allow them to attend specific places, like work, school, or their Alcohol and Drug Safety Action Program (ADSAP).
Qualifications for a provisional license included having a BAC of 0.14% or less, enrollment in the ADSAP program, and obtaining SR-22 insurance.
How Does the New Law Affect DUI Cases?
As of May 19, 2024, regardless of blood alcohol level, provisional licenses will no longer be issued for first-time DUI or DUAC convictions. MADD (Mothers Against Drunk Driving) and the SC Department of Probation, Parole, and Pardon Services (SCDPPPS) have teamed up on South Carolina’s new “All Offender Law” that requires every person convicted of driving under the influence to participate in the Ignition Interlock Device Program (IID).
Mandatory Ignition Interlock Device Program
The IID is a breath interlock device on your car or truck. If your BAC is 0.02% or higher, the vehicle will not start. According to the program procedures, IIDs must be provided by a certified manufacturer, and installation must be done at a service center location monitored by the IID program staff to ensure compliance.
If you have been convicted of a DUI/DUAC, you must have the IID installed for at least 6 months or more, depending on the details of your conviction. It is important to note that you cannot wait out your license suspension. The IID must be used for the required period. For example, suppose your driver’s license is suspended for 6 months, and you wait 2 months to have the IID installed. You still have to have the IID installed on your vehicle for the entire 6-month period before your license can be reinstated.
Will the New Law Affect My Old DUI Case in Lancaster, SC?
If your DUI or DUAC conviction was on May 18, 2024, or before, you are still able to drive on your provisional or route-restricted license. The new laws will apply to DUI cases on May 19th or after.
If you are unsure whether you fall under the new or old laws, it is critical to speak to an experienced DUI lawyer in Rock Hill. Attorney Barboza can help you understand how the laws will apply to your unique situation and strategize the best course to protect your right to drive.
Can I Still Get a Temporary Alcohol License (TAL) While Waiting for My Implied Consent Hearing?
Depending on your circumstances, you may be eligible to obtain a Temporary Alcohol License (TAL). According to the SC DMV, once you have been arrested for a DUI or DUAC, your driver’s license is automatically suspended. However, you may qualify for a TAL while waiting for your implied consent hearing.
You must request a hearing to obtain a TAL if you have a .15 BAC or greater or refused the BAC test. If granted, you can drive with a temporary alcohol license while waiting for your hearing. If you win the hearing, you must return the TAL and request that your license be reinstated.
Do I Have to Install an IID on My Car to Obtain a Temporary Alcohol License?
Under the new law, you have the option of putting an IID on your vehicle, but it is not required. On the one hand, if you have the IID installed for the months leading up to your trial and are convicted of the DUI/DUAC, you will be given credit for the time. However, the IID program is expensive. If your suspension is overturned, you have paid a significant amount of money and subjected yourself to oversight by the SCDPPS for nothing.
Consulting a knowledgeable DUI attorney in Lancaster County can help you determine which choice is right for your unique circumstances.
What if I Refused to Blow During My Arrest?
Test refusal falls under the implied consent laws in South Carolina. If you refuse to be subject to testing for the purpose of measuring your BAC, your license is automatically suspended for 6 months. If you have any prior violations, the suspension may be much longer.
You are eligible to request an administrative hearing to challenge the suspension and request a TAL. If you win your Implied Consent hearing, you will be able to get your license reinstated. However, if you lose your Implied Consent hearing, you will be required to get the IID and take an ADSAP course.
Consult a Lancaster DUI Lawyer Today
The changing landscape of DUI laws in South Carolina can leave people confused and unsure of how to move forward. Under the new laws, having a knowledgeable and experienced South Carolina DUI attorney is more important than ever to help you navigate these challenges.
At Barboza Law, our highly skilled legal team can fight for your rights and ensure your best interests are protected. Contact us today for a consultation by using our convenient online form or calling (803) 973-6003. We proudly serve clients in Chester, Lancaster, and York County located in South Carolina.
