Program ProceduresGlossary of Terms
The following is the SC Ignition Interlock Device Program Policy which took effect October 1, 2014.
In 2007 the Prevention of Underage Drinking and Access to Alcohol Act created the Ignition Interlock Device Program. In 2014 “Emma’s Law” went into effect, amending many statutes that address drinking and driving. “Emma’s Law” expanded the Program’s scope, providing for more drivers to be eligible to participate in the Program. In addition to the penalties already imposed on drivers who violate the State’s “Implied Consent” laws, or are convicted of Driving Under the Influence of Alcohol (DUI) and related laws, such drivers may be required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on any vehicle an offender operates. A “BAIID” is a device designed to prevent a motor vehicle from starting when the driver has consumed alcoholic beverages. The IIDP Administrator will manage the IID Program and an Ignition Interlock Device Point System that imposes penalties on drivers participating in the
The main administrative framework for the IIDP is set forth at S.C. Code § 56-5-2941. Drivers may be eligible to participate in the IIDP when they violate the State’s “Implied Consent” laws (S.C. Code §§ 56-5-2950 and -2951), DUI (S.C. Code § 56-5-2930) DUAC (S.C. Code § 56-5-2933), Felony Drunk Driving (S.C. Code § 56-5-2945), and Child Endangerment (S.C. Code § 56-5-2947). Some drivers will have the option of participating in the IIDP. Others will be required to participate in the Program if they want to drive. The amount of time drivers must participate in the program is set forth by S.C. Code § 56-5-2990, but there are also term requirements stated in S.C. Code §§ 56-5-2945, -2947 and -2951.
Drivers may also be required to participate in the Program if they have violated the provisions of another law of any other state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs. The South Carolina Department of Motor Vehicles (SCDMV) will require any person who wants to participate in the IIDP to have a BAIID installed on any motor vehicle the person intends to drive while subject to the Program’s terms.
For a conviction of S.C. Code §§ 56-5-2930 and -2933, The length of time that a BAIID is required to be affixed to a motor vehicle following the completion of a period of license suspension imposed on the offender, if required, is six months for a first offense with a BAC of .15 , two years for a second offense, three years for a third offense, four years if the DUI third offense occurred within five years from the date of the first offense; for a fourth or subsequent offense the driver must drive a vehicle equipped with a BAIID for the remainder of the driver’s life.
If a person who is a resident of this State is convicted of violating the provisions of a law of any other state that prohibits a person from driving a motor vehicle while under the influence of alcohol
or other drugs, and, as a result of the conviction, the person is subject to the BAIID requirement in the other state, the person is subject to the requirements of this section for the length of time that would have been required for an offense committed in South Carolina, or for the length of time that is required by the other state, whichever is longer. If a person from another state becomes a resident of South Carolina while subject to a BAIID requirement in another state, the person may only obtain a South Carolina driver’s license if the person enrolls in the South Carolina IIDP pursuant to this section. The person is subject to the requirements of this section for the length of time that would have been required for an offense committed in South Carolina or for the length of time that is required by the other state, whichever is longer.
Evaluations, Reports, Information Dissemination and Records Maintenance
The IIDP will maintain a record system for all electronic data, reports, documents, files and letters. The IIDP staff shall operate the Ignition Interlock Management System (IIMS) to monitor the progress on all IIDP offenders. This data storage system will have sufficient internal memory to allow for continuous recording and maintenance of all data received from SCDMV, the Department of Alcohol and Other Drug Abuse Services (DAODAS), manufacturers and IID staff.
The IIMS requires regular management by Department staff reviewing summary event reports, violations, BAIID installations, removals and offender participation in the IIDP. The information
shall be security accessible only by the Department, SCDMV, DAODAS and/or any required oversight entity under the general statutes of South Carolina.
The IIDP may release information to the person or family member at the department's discretion.
Program Eligibility and Participation
The IIDP receives a list of offenders from SCDMV who are qualified for the IIDP. Once the qualified offenders become eligible for the IIDP, they are notified by IIDP system letter that they are now eligible and may participate in the IIDP. Offenders become eligible once they have satisfied any required suspension period associated with their conviction.
Offender Chooses Not To Enroll
If an offender, whose offense date is after January 1, 2008, and on or before September 30, 2014, chooses not to have the BAIID installed at the end of the initial driver’s license (DL) suspension period, the DL will remain suspended for three (3) years beyond the date the initial DL suspension period ends. The initial suspension period for individuals convicted of DUI fourth or greater is indefinite and may never end. The offender may seek re issuance of his modified DL after the conclusion of the three year suspension period. If the offender fails to have the BAIID installed and to secure an “II” restricted license from SCDMV within ninety (90) days of the end of the initial DL suspension period, he will be deemed to have chosen not to enroll in the IIDP.
If, at any time during the three year period, after initially having chosen not to enroll in the IIDP, the offender then chooses to have a BAIID installed and obtains an “II” restricted license as described below, the BAIID must remain installed for the full IIDP period.
An offender whose offense date is on or after October 1, 2014, and who chooses not to have the BAIID installed will remain suspended indefinitely until that person enrolls and successfully completes the IIDP.
Offender Chooses To Enroll
If an offender chooses to enroll in the IIDP, the offender must:
• Use equipment provided by a certified IID manufacturer
• Present the service center with a South Carolina state issued photo identification card to secure installation of the BAIID
• Must have secured an “II” restricted license from the SCDMV
Program time begins after the “II” license is issued. Should an offender’s license become suspended for any reason, the time required on the Program is tolled.
An offender that is required in the course and scope of his or her employment to drive a motor vehicle owned by the offender's employer may drive his or her employer's motor vehicle without installation of an IID, provided that the offender's use of the employer's motor vehicle is solely for the employer's business purpose. An offender who is convicted of a second or subsequent DUI must serve one year suspension or have had an ignition interlock device installed for not less than one year on each vehicle they drive prior to an employment exemption from SCDMV. The exception does not apply to an offender who is self employed or to an offender who is employed by a business owned in whole or in part by the offender or a member of the offender's household or immediate family unless during the defense of a criminal charge, the court finds that the vehicle's ownership by the business serves a legitimate business purpose and the titling and registration for the vehicle by the business was not done to circumvent the intent of the law. The offender may seek employment exemption through SCDMV
Medical waivers issued by the SCDMV may waive the requirement of a device if it is determined that the offender has a medical condition that makes the person incapable of properly operating the device. If granted, the offender’s license will remain suspended for the length of time that the person would have been required to hold an II restricted license.
Service and Monitoring Requirements
The offender must have the BAIID inspected at least every 60 days to verify that the device is affixed to the vehicle and properly operating. Only an authorized service center provider may conduct the inspections. At each inspection the service center provider will verify that the device is affixed to the vehicle and properly operating as well as electronically report all program required data to the IIDP system.
Accumulated Point Total Assessments
Violations of the IIDP will result in the imposition of the following Ignition Interlock Points (IIP), which will be assessed by IIDP pursuant to the Accumulated Point Total (APT) system described below.
• running re test with alcohol concentration = .02% but < .04% = ½ IIP
• running re test with alcohol concentration = .04% but < .15% = 1 IIP
• running re test with alcohol concentration = .15% = 2 IIP
• failure to complete a running re-test = 1 IIP
• failure to have the required inspection within 60 days = 1 IIP
• tampering with the BAIID-1 1/2 IIP
• allowing another person to engage the device on behalf of the required offender=1 1/2 IIP
If, in the discretion of the Program Administrator, review of the circumstances surrounding an ignition interlock device point assessment clearly shows that the violation that caused the point assessment was not willfully committed and was unavoidable, the Program Administrator or the Program Administrator’s designee may remove the point.
If the APT is equal to or greater than two (2) points, but less than (3) points, the IIDP will be extended for two months.
If the offender's APT is equal to or greater than three (3) points, but less than four (4) points, the IIDP will be extended by four months and the offender will be required to submit to an assessment by a DAODAS certified local substance abuse treatment provider and complete a plan of treatment services if required.
The IIDP will notify the DAODAS by email of the requirement that the offender submit to an assessment by a local DAODAS certified substance abuse treatment provider and complete a plan of treatment services if required by treatment provider.
If the offender’s APT is equal to or greater than 4.0, the offender’s IIDL shall be suspended for a period of six months and the offender must submit to a substance abuse assessment pursuant to S.C. Code of Law Section 56-5-2990 and successfully complete the plan of education and treatment as recommended by the certified substance abuse program.
Upon assessment of any IIPs the IIDP Administrator will mail the offender written notice of the IIP assessment. All correspondences will be sent by U.S. mail to the offender’s mailing address as
recorded in the SCDMV database. The notice advises the offender of their right to appeal less than four (4) IIPs to an administrative hearing officer with the Department. Should the offender decide to
appeal, the appeal must be received within fifteen (15) calendar days of the date of the IIP assessment letter or the assessment will stand. The appeal shall include:
• A copy of the IIP assessment letter,
• A concise statement of the grounds for the appeal
• Supporting documentation (i.e.: witness statements, receipts, prescriptions, repair receipts)
The Department’s Administrative Hearing Officer will review the appeal within five (5) business days. A decision either affirming or reversing the IIP assessment will be returned to
IIDP Administrator. There will be neither an evidentiary hearing nor oral arguments permitted, and there will be no right to appeal or otherwise contest the administrative hearing officer's decision. If
the point assessment is affirmed, the point value remains part of the driver’s APT. The IIDP will notify the offender of the affirmation of IIPs by letter. If the point assessment is reversed, IIDP
Administrator will remove the points from the APT and will notify the offender of the reversal and the adjusted APT by letter.
If a person’s license is suspended due to the APT of four or more IIPs, the offender has a right to request a contested case hearing before the Office of Motor Vehicle Hearings. If the offender does not request a contested case hearing within thirty days of the issuance of the notice of IIPs, the offender waives his right to the administrative hearing and the person’s driver’s license is suspended pursuant to Section 56-5-2941(E). Upon notification that a contested case hearing is requested, the IIDP Administrator will provide the office of General Counsel with all information about the driver and points being appealed.
The cost of the IID must be borne by the offender.
The Department shall manage an Ignition Interlock Device Fund pursuant to S.C. Code of Law Section 56-5-2941. The IID approved manufacturers must collect and remit monthly to the Department a $30.00 fee from each driver required to have a BAIID device in their vehicle. An offender may request to receive assistance from the Interlock Device Fund by completing the following steps:
• Submit a financial assessment form (Form 1307)
• Provide supporting documentation
• Verification of reported income and expenses
Any remaining funds will be utilized to offset the cost to the Department for the IID Program. All unexpended revenues of this fee at year end must be retained and carried forward by the Department and expended for the same purpose.
The Department will maintain an Indigence Committee. The Indigence Committee consists of departmental staff, as recommended by their respective supervisors, who have no daily involvement with the IID program. This committee will be charged with reviewing applications for the determination of indigence. This determination will be based on the U.S. Department of Health and Human Services Poverty Guidelines. The Committee will meet as needed to review applications of indigence.
Whether or not a driver will be considered indigent for the purposes of the IIDP and will receive indigent funding is a decision left to the Department’s discretion.
If the Indigence Committee determines that the offender is indigent, the Department may authorize the payment of the BAIID standard fees for a three month period. The offender will be required to resubmit an application every three months to ensure indigent status has not changed. Failure to re submit Form 1307 will result in termination of indigence status and the offender will be required to pay any fees associated with the BAIID. The manufacturer will be notified by the IIDP Administrator of the offender’s indigence status.
The manufacturer will receive authorization from the IIDP Administrator and seek reimbursement from the Department through the Ignition Interlock Device Fund for a period not to exceed three months for those offenders approved for funding.
Denial of indigence funding may be based on any of the following criteria:
• Offender does not meet the poverty guidelines
• Offender failed to submit a complete financial assessment
• Offender did not submit supporting documentation with financial assessment
• The BAIID requirement is for another state
• The offender is not required by state statute to have a BAIID (volunteer driver)
When the offender reaches the program end date of the IIDP period, the offender must have a final BAIID inspection by an authorized IID service provider. If the final inspection does not result in
the assessment of IIPs or if any IIPs assessed do not require a response pursuant to the APT system, the IIDP Administrator will notify SCDMV that the offender has successfully completed his IIDP
period. Offenders whose offense date is on or before 9/30/2014 and installed the BAIID prior to 6/1/2015, and who exceed the end of the three year suspension period before their IID required
period ends, will be subject to a case review. The offender’s case may close pursuant to S.C. Code of Law Section 56-1-400(a) once all standards of any violation have been satisfied.
The IIDP Administrator will also issue a letter of completion to the offender with instructions for having the BAIID removed by the service center provider. The offender is responsible for any
charges incurred. The offender will go to the service center provider, who will remove the BAIID, provide the offender with a removal receipt, and will electronically notify the IIDP Administrator of
the removal. After receiving the letter of completion from SCDPPPS, the offender may go to his local SCDMV office to seek re issuance of a modified driver's license.
Certified manufacturers of the IIDP are required to maintain service center locations throughout the state. Assigned IIDP staff shall monitor installation service center locations to ensure manufacturers are in compliance with Budget and Control Board Materials Management Office (MMO) contractual agreement.
IIDP staff will address questions and concerns as they arise.