Under Emma's Law some people convicted of a first time DUI in South
Carolina may have to have an ignition interlock installed. This however
is only for those who cooperated with the police breath test, and who
tested at 0.15 or higher, or those who refused a breath or other test
and were subsequently convicted.
A conviction only occurs when someone pleads guilty, no contest, or is
found guilty of
DUI with a 0.15 BAC or higher or a DUI marked as refusal. It is not the same
thing as being arrested.
The ignition interlock requirement last for at least 6 months, and is administered by the
South Carolina Department of Probation, Parole & Pardon. That program has a lot of legal technicalities and gets very tricky (not
to mention it can be expensive and embarrassing to have one of these devices
So how do you best avoid being required to install an ignition interlock
device? Here are the following options:
- Have your DUI charge completely dismissed
- Be found not-guilty of DUI
- Have your DUI charge reduced to a non-DUI plea bargain such as reckless driving
- If you are charged with a 0.15+ DUI, have it reduced as part of a DUI plea
bargain to a lower BAC level
For more information regarding
South Carolina DUI topics please request our free report written by attorney James R. Snell, Jr.