Emma’s Law is South Carolina’s ignition interlock law for people convicted of driving under the influence. The law was passed in 2014 and carries the short title “Emma’s Law” (S.137, 2014 Act No. 158). It requires certain people convicted of drunk driving offenses to have an ignition interlock device installed on any vehicle they drive.
So, what is Emma’s Law in South Carolina, and what does it require today? Let’s take a moment to look at the law, how it works and what it says about violations.
Every case turns on its facts. Don’t wait to learn how an ignition interlock requirement could apply to you. Call our DUI lawyer at 864-618-2323. A licensed South Carolina attorney at the firm must review the facts of a case before anyone relies on the general information on this page.
What is Emma’s Law in South Carolina?
Emma’s Law is an offender ignition interlock law that requires certain first-time DUI and later offenders to have an ignition interlock device installed on their vehicles. It was signed in April 2014 and the interlock requirement in the code took effect October 1, 2014 (S.C. Code Ann. § 56-5-2941). The law is named for Emma Longstreet, a six-year-old who died on New Year’s Day 2012 when a drunk driver hit her family’s minivan, according to news coverage at the time of the 2014 bill.
When the law first passed in 2014, the interlock requirement for a first offense applied to a higher alcohol level. The requirement has since been expanded. A 2023 law, effective May 19, 2024, rewrote the license suspension rules in S.C. Code Ann. § 56-5-2990, and under the current text a person convicted of DUI or driving with an unlawful alcohol concentration must enroll in the Ignition Interlock Device Program and get an ignition interlock restricted license. The required time depends on the offense number:
- First offense: six months
- Second offense: two years
- Third offense: three years, or four years if the third offense occurs within five years of the first offense
- Fourth or later offense: for life
Only offenses within ten years, including and immediately preceding the date of the last offense, count as prior offenses for these purposes, except as the statute provides otherwise (S.C. Code Ann. § 56-5-2990(A)). The requirement does not apply to a person who took a breath test under Section 56-5-2950 and had an alcohol concentration of .00 (S.C. Code Ann. § 56-5-2941(A)(1)). The Department of Motor Vehicles may waive the requirement for a medical condition that makes the person unable to properly operate the device, and in that case the license is suspended for the length of time the person would have held an interlock restricted license (§ 56-5-2941(A)(2)).
A person may also have to enroll in the program after an administrative suspension for refusing a breath test or for an alcohol concentration of 0.15 or more (S.C. Code Ann. § 56-5-2951). Felony DUI and DUI with a child in the vehicle have their own interlock periods (S.C. Code Ann. §§ 56-5-2945 and 56-5-2947). A licensed attorney should review which provision applies to a particular charge.
What is an Ignition Interlock Device?
An ignition interlock device is a breath alcohol device connected to a vehicle’s ignition that prevents the vehicle from starting if the driver’s breath alcohol level is above a set limit. Under South Carolina law, the devices must be set to prevent starting when an alcohol concentration of 0.02 or more is measured, and they must take a photograph of the driver while the driver is using the device (S.C. Code Ann. § 56-5-2941(Q)).
Think of it like this: an ignition interlock device is a breathalyzer installed in your vehicle. Every time you get into the car, you blow into the device, which tests your breath for alcohol. If it detects alcohol at or above the limit, the car will not start.
The device also requires the driver to give breath samples while the vehicle is running, called running retests. Only devices certified by the Department of Probation, Parole and Pardon Services may be used, and the device must be inspected every sixty days (S.C. Code Ann. § 56-5-2941(H) and (Q)). The person bears the cost of the device, although a person who cannot afford it may submit an affidavit of indigency (§ 56-5-2941(F)).
What Does the Ignition Interlock Requirement Do?
The requirement is designed to keep a person from driving after drinking during the period the device is installed. The device blocks the vehicle from starting when it detects alcohol at or above the set limit, and the running retests and photographs are used to monitor the driver.
The program is also managed through a point system run by the Department of Probation, Parole and Pardon Services. A failed running retest, a missed sixty-day inspection, or a violation recorded by the device can result in points. Two points or more extend the time the device is required, and four or more points result in a six-month suspension of the ignition interlock restricted license, with a required substance abuse assessment (S.C. Code Ann. § 56-5-2941(E) and (H)).
What Happens if I Violate the Ignition Interlock Device Program in South Carolina?
Violating the ignition interlock requirements can result in criminal penalties and a longer time with the device. The statute sets these penalties for driving a vehicle that is not equipped with a properly operating, certified device (S.C. Code Ann. § 56-5-2941(K)):
- First offense: a misdemeanor, a fine of not less than $1,000 or imprisonment of not more than one year, and six more months on the device requirement
- Second offense: a misdemeanor, a fine of not less than $5,000 or imprisonment of not more than three years, and one more year on the device requirement
- Third or later offense: a felony, a fine of not less than $10,000 or imprisonment of not more than ten years, and three more years on the device requirement
No part of the minimum sentence for these offenses may be suspended.
Did You Know? Since May 19, 2024, a first DUI conviction in South Carolina carries a six-month ignition interlock requirement under the current text of Section 56-5-2990(A).
Other violations are separate offenses. Tampering with or disabling a device, or obscuring its camera, is a misdemeanor carrying up to $500 or 30 days. Asking or allowing another person to start the vehicle or give a running retest sample carries the same penalty, as does knowingly renting or leasing a vehicle without a device to a person subject to the requirement (S.C. Code Ann. § 56-5-2941(M) through (P)). A violation can also add to the other penalties for the DUI offense.
If you are facing an ignition interlock violation, it is important to talk with a licensed attorney about the facts and your driving privileges.
Call Touma Law Group Today for a Free Consultation
South Carolina’s ignition interlock law applies to people convicted of DUI and certain related offenses, and it carries its own penalties for violations. How it applies depends on the offense, the number of prior offenses and the facts of the case.
If you or someone you know has been charged with a DUI or has violated the ignition interlock program in South Carolina, the attorneys at Touma Law Group can review your situation and explain what the statutes say. A licensed South Carolina attorney at the firm must review the facts of your case before anyone relies on general information.
For a free consultation, you can talk with one of our criminal defense attorneys about your charge and your options.
