The End of the Provisional Driver’s License
Changes are coming to the DUI and DUAC statute, effective May of 2024.
Under the Current Law
Under the current law, if an individual is convicted of DUI 1st Offense or DUAC 1st Offense with a blood alcohol concentration (BAC) less than .16, the individual’s driving privileges are suspended for a period of six months. Once the individual enrolls in the South Carolina Alcohol and Drug Safety Action Program (ADSAP) and obtains SR-22 insurance, they are eligible for a provisional driver’s license that allows them to drive during the six-month suspension; the provisional driver’s license is not route restricted and is not an IID (Ignition Interlock Device) license.
If an individual is convicted of DUI 1st Offense or DUAC 1st Offense with a BAC of .16 or greater, the individual’s driver’s license is suspended indefinitely and is not eligible for a provisional license, but the individual can end the suspension by obtaining an IID license for a period of six months.
If an individual is convicted of a DUI 1st Offense wherein the individual refused to submit to a breath or chemical test, the individual’s driver’s license is suspended for six months and the individual is not eligible for a provisional license, but they can obtain an IID license during the suspension period.
Changes Coming May 19, 2024
This all changes on May 19, 2024. The provisional driver’s license is no more. For anyone convicted of a DUI that occurred on May 19, 2024 or after, there are no longer any provisional driver’s licenses, and an individual can no longer wait out a suspension. Anyone who is convicted of a DUI 1st Offense or a DUAC 1st Offense, irrespective of if their BAC was less than .16, greater than .16, or was a refusal, will have his or her driver’s license suspended indefinitely, and the suspension can only be cleared by obtaining an IID license for a period of six months.
All the more reason to hire a lawyer to fight your DUI — contact us today to see how we can help.
Posted in DUI
