Driving after a DUI in South Carolina: the ignition interlock restricted license

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

The arresting officer issues a notice of suspension effective on the date of the alleged violation (refusal or BAC .15 or more). Within thirty days of the issuance of the notice the person may request a contested case hearing before the Office of Motor Vehicle Hearings (OMVH) under its rules of procedure and either enroll in the IID Program or obtain a temporary alcohol license from SCDMV (§ 56-5-2951(B)(1)); the statute does not say calendar or business days. OMVH Rule 4 requires the request to be filed with the Office with the filing fee, and the 2022 Revised Notes to Rule 21 state the filing fee is currently $200 under § 56-5-2952 (the OMVH FAQ states the $200 fee cannot be waived and is nonrefundable). The temporary alcohol license costs $100, allows unrestricted driving until the OMVH decision and SCDMV notice, and the fee is refunded if the suspension is overturned. If no hearing i

“Within thirty days of the issuance of the notice of suspension, the person may: (a) request a contested case hearing before the Office of Motor Vehicle Hearings pursuant to its rules of procedure; and, either: (b) enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941”

Who can get it, and how soon

Conviction track: for a first offense the person 'shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license' for six months, and is not eligible for a provisional license (§ 56-5-2990(A)(2)); SCDMV states that for violation dates on or after May 19, 2024 the provisional license (first offense BAC .14 or less) and route-restricted license (BAC .15 / implied consent) are no longer issued. Administrative track (refusal or BAC .15 or more): within 30 days of the notice of suspension the person may request a contested case hearing and either enroll in the IID Program or obtain a temporary alcohol license; enrolling ends the suspension in lieu of serving the remainder (§ 56-5-2951(B)(1), (I)(3)). A person who chooses not to install the device remains suspended indefinitely (§ 56-1-400(E)); a medi

“For a first offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400.”

No minimum no-driving period is stated. The administrative suspension applies only to a refusal (six months for a first offense) or a BAC of .15 or more (one month); the arresting officer's notice of suspension is effective on the date of the violation (§ 56-5-2951(A), (I)(1)). Within 30 days of the notice the person may enroll in the IID Program 'in lieu of serving the remainder of a suspension' and obtain the ignition interlock restricted license, with the interlock required for the time remaining on the suspension and at least three months (§ 56-5-2951(I)(3)(a)); or request a contested case hearing and obtain a $100 temporary alcohol license that allows unrestricted driving until the hearing decision (§ 56-5-2951(B)(1)(c)). A first offense with a BAC below .15 has no administrative suspension; the conviction suspension under § 56-5-2990(A)(2) is ended by IID enrollment and the interlo

“In lieu of serving the remainder of a suspension or denial of the issuance of a license or permit, a person may enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension or denial of the issuance of a license or permit”

Conditions attached to the privilege

As stated: enroll in the SCDPPPS Ignition Interlock Device Program using equipment from a certified manufacturer and present a South Carolina state-issued photo ID at the service center; SCDMV may not issue the ignition interlock restricted license without the provider's written notification that the device is installed and working (§ 56-1-400(D)); pay the $100 fee for the ignition interlock restricted license (§ 56-1-400(C)); entry into the services recommended by the Alcohol and Drug Safety Action Program (ADSAP) assessment is a mandatory requirement of issuance of the license, and successful completion is required for full restoration (§ 56-5-2990(B)); for an administrative suspension that is upheld or not contested, enroll in ADSAP and the IID Program within 30 days of the notice (§ 56-5-2951(B)(2)(a), (H)). SR-22: § 56-5-2951(M) states a person suspended under the administrative sec

“For purposes of Title 56, the license must be referred to as an ignition interlock restricted license. The fee for an ignition interlock restricted license is one hundred dollars”

Where and when it allows driving

Any motor vehicle with an ignition interlock device installed; the license conspicuously identifies the holder as limited to interlock-equipped vehicles for the interlock period, with no purpose, hour or route limits stated. The temporary alcohol license 'allows the person to drive without any restrictive conditions' pending the contested case hearing. An employer-vehicle exemption under § 56-1-400(G) permits driving a specified employer vehicle during the days and hours in the employer's statement.

“the restriction on the license issued to the person must conspicuously identify the person as a person who only may drive a motor vehicle with an ignition interlock device installed”

How it is issued

The licensing agency issues the ignition interlock restricted license.

Official page: dmv.sc.gov

The statute: S.C. Code Ann. § 56-1-400(C) (ignition interlock restricted license); § 56-5-2990(A)(2) (first offense); § 56-5-2951 (ad

“no ignition interlock restricted license may be issued by the department without written notification from the authorized ignition interlock service provider that the ignition interlock device has been installed and confirmed to be in working order.”