South Carolina’s “All Offender Law”
As of May 19, 2024, South Carolina’s “All Offender Law” mandates that all drivers convicted of Driving Under the Influence (DUI) or Driving with an Unlawful Alcohol Concentration (DUAC) must install a Breath Alcohol Ignition Interlock Device (IID) in their vehicle. This device functions like a breathalyzer, requiring drivers to blow into it to start their car and periodically stop to ensure they haven’t been drinking.
The duration for which a driver must use the IID depends on the number of convictions. First-time offenders are required to use it for six months. While the monthly cost of an IID is approximately $130, there are funds available to assist those who cannot afford it. This law builds on a 2014 regulation that required IIDs only for multiple offenders or those with a BAC of twice the legal limit. South Carolina is now the 35th state to implement such a law.
The IID program aims to protect the public by ensuring that drivers who have committed alcohol-related offenses are monitored. Currently, 1,185 drivers are part of the program, which is overseen by the South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS). In 2022, IIDs prevented over 2,800 attempts to start a vehicle with a BAC of 0.08 or higher. The new law is expected to significantly increase the number of participants, enhancing road safety across the state.
Sobering Statistics – South Carolina faces significant challenges with drunk driving:
- In 2024, the state had the third-highest rate of fatalities involving drunk drivers, with 6.02 deaths per 100,000 residents.
- The fifth-highest rate of drunk drivers involved in fatal crashes, with 7.57 per 100,000 licensed drivers.
- In 2023, 33% of all car crash fatalities involved a driver with a BAC of 0.15 or higher.
- The sixth-highest rate of drunk drivers under 21 involved in fatal crashes, with 0.61 per 100,000 licensed drivers.
The “Sober or Slammer” campaign by the South Carolina Department of Public Safety (SCDPS) raises awareness about the dangers of drunk driving. Despite efforts, the state remains among the top 10 worst states for drunk driving, with a notable increase in alcohol-related deaths in recent years.
South Carolina Dram Shop Laws
Under South Carolina law (S.C. Code Ann. § 61-4-580), it is illegal to serve alcohol to anyone who is intoxicated or under the legal drinking age. Establishments that violate this law and serve alcohol to such individuals can be held liable if the intoxicated person causes harm to others. This includes covering medical expenses, lost wages, and other damages. For example, if an establishment over-serves a patron who then causes a car accident, the establishment can be held responsible for the resulting injuries or fatalities.
Injured by a Drunk Driver?
At The Floyd Law Firm PC, we are dedicated to assisting those who have been injured by drunk drivers. We understand the challenges you face and are committed to securing the compensation you need. With over 100 years of combined experience, we provide empathetic and professional legal support. Our firm, one of the first in Surfside Beach, has been serving the community for over 50 years. We focus on ensuring you receive the full compensation you deserve for the impact your injury has had on your life.
Accused of DUI?
If an officer suspects you of driving under the influence, you may be asked to take a breathalyzer test. You can request a blood test at your own expense, and if you are unable to provide a breath sample due to injury or unconsciousness, a blood or urine sample may be taken. Refusing the test results in a six-month license suspension, even if you are not guilty of a crime. If you take the test, the results can be used as evidence, and a refusal is also admissible.
Facing a DUI charge can have serious consequences, including jail time, fines, and loss of driving privileges. It’s crucial to have an experienced attorney to build a strong defense and work towards the best possible outcome. At The Floyd Law Firm PC, we strive for positive results for our clients facing criminal charges.
Contact Us Today
If you need legal assistance or have questions about DUI laws in South Carolina, contact The Floyd Law Firm PC. Our experienced attorneys are here to help you navigate the legal process and protect your rights.
Learn More:
Those Injured by a Drunk Driver Should Talk to an Attorney
Worst States For Drunk Driving In 2024
“Sober or Slammer” campaign by the South Carolina Department of Public Safety
South Carolina Code of Laws Section 61-4-580
