Travis Newton Law Firm
Travis A. Newton Anderson S.C. DUI Defense Attorney
Changes to S.C. DUI Law include Interlock Device for all First Time Convictions
South Carolina Law currently requires the installation of an ignition interlock device for first-time DUI offenders convicted with an alcohol concentration of fifteen one-hundredths of one percent or higher. Drivers convicted of driving under the influence with an alcohol concentration of fifteen one-hundredths of one percent or higher are prohibited from having South Carolina driving privileges reinstated without successful completion of the Ignition Interlock Program. Drivers convicted of DUI with an alcohol concentration of fifteen one-hundredths of one percent or higher who choose not to enroll in the Ignition Interlock Program will remain suspended indefinitely.
Changes Effective May 19, 2024
The South Carolina Department of Motor Vehicles (SCDMV) will require all drivers arrested and convicted of driving under the influence in the state of South Carolina to have installed on any motor vehicle the person drives, except a moped or motorcycle, an ignition interlock device designed to prevent driving of the motor vehicle if the driver has consumed alcoholic beverages. This requirement does not apply to drivers who submitted to a breath test and registered an alcohol concentration of .00.
The SCDMV will suspend the South Carolina Drivers License (SCDL) of a motorist for refusing to submit a breath, blood, or urine sample or for registering a breath alcohol concentration of fifteen one-hundredths of one percent (.15) or higher (implied contest violation) while under arrest for driving under the influence. Before driving privileges can be restored the driver must enroll in an Alcohol and Drug Safety Action Program and the Ignition Interlock Device Program unless the driver elects to contest the suspension with a hearing before the SCDMV Office of Motor Vehicle Hearings within thirty days of the DUI arrest. A hearing officer will decide if the suspension is overturned (reversing the suspension and restoring eligibility to have driving privileges reinstated) or if the suspension is upheld (revoking the temporary alcohol license, restarting the suspension, and forcing the driver to enroll in the Alcohol and Drug Safety Action Program and the Ignition Interlock Device Program).
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Travis Newton Law Firm
513 North McDuffie Street, Anderson, S.C. 29621
Anderson DUI Lawyer
Travis Newton
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(864) 965-9148
Anderson South Carolina DUI Lawyer
Travis A. Newton Criminal and DUI Defense Attorney
Travis Newton is a graduate of the Appalachian School of Law and Clemson University, where he majored in Psychology. As a law student, Travis was a founding member of the Appalachian School of Law Christian Legal Society and an extern for South Carolina's 8th Circuit Public Defenders Office. Travis Newton Law Firm has defended thousands of clients in Summary and General Sessions Court all over the state of South Carolina. Travis Newton has delivered DUI-related oral arguments before the South Carolina Court of Appeals and is approved by the South Carolina Supreme Court Commission on Continuing Legal Education (CLE) to present DUI-related material for attorney CLE hours. Attorney Newton has been Lead Counsel Verified for DUI Defense by Thomson Reuters for ten consecutive years as a founding member of the American Association of Premier DUI Attorneys.
SLED Certifies and Inspects Breath-Testing Equipment in South Carolina
South Carolina Law Enforcement Division (SLED) procedure calls for the inspection of each certified breath-testing device a minimum of one time in a three-month period or when any repairs are completed. The time between inspections may not exceed three months unless the inspection began prior to the three-month deadline but was not completed until after the three-month deadline as long as no subject samples are collected during the inspection period. SLED must perform an inspection within three months prior to any subject test. Failure to perform an inspection within the required time signifies proper procedures were not followed.
South Carolina Driver's License Suspended for Refusing Breath, Blood, or Urine Test
When The arresting officer will suspend the South Carolina Drivers License (SCDL) of a motorist for refusing to submit a breath, blood, or urine sample or for registering a breath alcohol concentration of fifteen one-hundredths of one percent (.15) or higher (implied contest violation) while under arrest for driving under the influence. The arresting officer will issue a traffic ticket for the underlying DUI charge but will not issue a ticket or a court date for contesting a suspended driver's license for an implied consent violation.
There is a thirty day deadline from the date of the underlying DUI arrest for contesting a suspended South Carolina's Driver's License for an implied consent violation so do not wait contact a DUI Lawyer.
The short-term impact of contesting a driver's license suspended for an implied consent violation is a temporary alcohol license restoring driving privileges on a temporary basis pending a ruling from the South Carolina Department of Motor Vehicles (SCDMV) Hearings in the South Carolina Administrative Law Court. There are established regional locations for contesting an implied consent violation, so the case hearing could be scheduled in a city or county different from the underlying DUI charge. A hearing officer from the SCDMV will decide if the suspension will be overturned (reversing the suspension and restoring eligibility for a new SCDL) or the suspension will be upheld (the temporary alcohol license will be revoked, the suspension will resume, and the driver will be required the register with the Alcohol Drug Safety Action Program (ADSAP) before South Carolina driving privileges can be restored. Remember, there is a thirty-day deadline to contest a driver's license suspended for an implied consent violation so do not wait contact a DUI Lawyer.
Police are trained not to reveal the Hidden Measure of the Horizontal Gaze Nystagmus Test.
Nystagmus causes the human eye to involuntarily jerk or bounce. Commonly referred to as the "Pen Test" or "Eye Test," the Horizontal Gaze Nystagmus Test (HGN) was developed to observe nystagmus in the eyes of individuals under investigation for driving under the influence of alcohol, drugs, or a combination of alcohol and drugs to the extent that the individual's faculties to drive are materially and appreciably impaired. Nystagmus is a side effect of nicotine, caffeine, aspirin, and other commonly used substances but is also something police are trained to recognize as a clue of impairment from drugs or alcohol. It is not unlawful for a driver to display nystagmus while under investigation for DUI.
The driver’s eyes are checked for equal tracking and equal pupil size before the HGN test begins. Most will display equal pupil size and equal tracking unless the driver has suffered a past traumatic brain injury. The HGN test begins with the officer instructing the driver to identify a stimulus (e.g., pen, finger, or flashlight) 12 to 15 inches away and slightly above the eye level of the driver. The driver will be instructed to follow the stimulus with both eyes and without moving the head.
A Police Officer Conducting the HGN Test will use Three Exercises to Identify Nystagmus.
1. Lack of Smooth Pursuit: Does the eye follow the stimuli smoothly as it moves from the center of the face toward the ear, or is there an involuntary bouncing or jerking present?
2. Distinct and Sustained Nystagmus at Maximum Deviation: Does the pupil have a distinct and sustained bouncing or jerking motion after being held toward the outer edge for four seconds?
3. Onset of Nystagmus Before 45 Degrees: As the officer moves the stimuli toward the edge of the motorist's shoulder, is there an involuntary bouncing or jerking present in the pupil of the motorist before the object is at a 45-degree angle from the center of the suspect's face?
The script police are trained to memorize while conducting a battery of standardized field sobriety tests omits the nystagmus measure of the HGN test in favor of instructing drivers to follow a stimulus (e.g., pen, finger, or flashlight) with both eyes but without moving the head. Drivers who successfully follow the officer's instructions often assume successful completion of the HGN test. Unfortunately for the driver, the undisclosed measure of the HGN test is the presence of nystagmus, which is a common side effect of nicotine, caffeine, aspirin, and other commonly used non-impairing substances but is also something police are trained to recognize as a clue of impairment from drugs or alcohol.
Travis A. Newton Anderson S.C. DUI Defense Attorney
The procedural flaws in standardized field sobriety tests are further aggravated when instructions and demonstrations are communicated to the driver in a manner inconsistent with NHTSA guidelines. The experimental procedures used in the development of standardized field sobriety tests are unreliable based on several factors, including the incomplete scripted instructions police officers are trained to deliver and natural human reactions to fear misinterpreted as clues of impairment by police officers. Participant performance in a lab setting was not negatively impacted by the fear of instant incarceration, loss of driver's license, and potential unemployment as a consequence of a failure. If the South Carolina Driver's License (SCDL) is suspended for refusing to submit a breath, blood, or urine sample for chemical testing or for registering an alcohol concentration of .15 or higher, there are important filing deadlines that can disqualify relief in the form of a temporary alcohol license so don't wait to contact a DUI Lawyer.
A criminal record can have a negative impact on professional and educational opportunities long after fines, sentencing, and DMV penalties have expired. When questioned or arrested by police, it is important to remain silent and contact a criminal or DUI defense attorney as soon as possible. Travis Newton Law Firm has defended thousands of clients in S.C. Summary and General Sessions Courts. A consultation with Anderson DUI Lawyer Travis Newton will provide answers that can lead to informed decisions on how to proceed (864) 965-9148.
What is an Ignition Interlock Device or IID?
South Carolina’s Interlock Ignition Program is managed by the Department of Probation, Pardon, and Parole. An interlock consists of a relay module that is wired into the vehicle's ignition system. The device draws a portion of the driver's breath sample into a fuel cell sensor. The presence of alcohol in the sensor chamber causes the fuel cell to output an increased electrical current, which is measured and then translated into an equivalent alcohol concentration. If the result of the test is below an alcohol concentration of .02, an encrypted signal is sent to the relay, allowing the vehicle engine to start. If the test result is above .02 the vehicle’s ignition system will remain locked. When the device is unlocked, the IID is designed not to interfere with the normal operation of a vehicle, so while the device can prevent a vehicle from starting, it will not shut down a running vehicle.