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Getting a suspended license reinstated after a DUI in Columbia usually involves installing an ignition interlock device, completing a treatment program, and paying a reinstatement fee. You may also reinstate your license by successfully fighting the breath test refusal or the DUI charges against you. Our experienced Columbia DUI defense lawyers can help.
Note: The rules for driver’s license reinstatement after a DUI in South Carolina have recently changed. The South Carolina All Offender Law went into effect on May 19, 2024. It requires all offenders to participate in the Ignition Interlock Device Program (IIDP) to reinstate their license following a DUI.
See S.C. Code § 56-5-2990—Suspension of a Convicted Person’s Driver’s License, Period of Suspension.
What Causes a License Suspension After a DUI in South Carolina?
There are two ways that a driver’s license may be suspended after a DUI in South Carolina. The first way is due to the conviction for drunk driving itself. A conviction triggers an automatic suspension.
The second way to cause a DUI license suspension is by refusing to take the breath test during the investigation. Even if you’re not charged or convicted of drunk driving, the suspension may still apply. There is a process to challenge a suspension for breath test refusal.
How Long Will Your License Be Suspended?
As of May 19, 2024, license suspension for a DUI conviction is indefinite until the person clears the suspension. Clearing the suspension requires enrolling in the Ignition Interlock Device Program (IIDP). That means installing a breath test machine in the motor vehicle. The length of time that the breath test machine must be installed depends on the conviction.
Chart—Ignition Interlock Period for DUI Convictions in South Carolina
| Number of Convictions | Ignition Interlock Period |
| First | Six months |
| Second | Two years |
| Third | Three years |
| Third offense within five years | Four years |
| Fourth or subsequent offense | Life |
Only prior convictions within 10 years count as prior offenses.
License suspension applies to convictions for driving under the influence or driving with a blood alcohol content of 0.08 or higher.
Note: S.C. Code § 56-5-2950(B)(2) says that if a person takes the breath test and has an alcohol concentration of .15 or more, their license must be suspended for at least one month before enrolling in the IIDP.
Chart—License Suspension Length for Implied Consent Violations in South Carolina
| Offense Number | Suspension Period |
| First | Six months |
| Second | Nine months |
| Third | Twelve months |
Steps To Reinstate Your License in Columbia After a DUI
To reinstate your license in Columbia after a DUI, you must:
- Install an approved ignition interlock device (IID) on your vehicle.
- Have the breath data downloaded and inspected at least every 60 days.
- Have the IID on your vehicle for the period required for your conviction.
- Complete the Alcohol and Drug Safety Action Program (ADSAP).
- Complete any education or treatment determined necessary for you.
- Pay the costs of participation in the ADSAP.
- Submit the reinstatement fee of $100.
- Provide proof of financial responsibility (SR-22).
As of May 19, 2024, participation in the IID program is mandatory. If you don’t participate, your license will be suspended indefinitely.
Reinstatement with the IID is called an ignition interlock restricted license.
Temporary alcohol license
You may receive a temporary alcohol license while you wait for your administrative hearing. You must request a hearing to receive the temporary license and pay a fee of $100. The TAL is good until you receive a decision following the hearing. Then, your suspension is either upheld or overturned.
You have only 30 days to request an implied consent hearing, and there is a filing fee.
Do You Need To Enroll in ADSAP (Alcohol and Drug Safety Action Program)?
Yes. Participation in the ADSAP is required for license reinstatement after a drunk driving conviction in South Carolina. The program involves assessment of individual needs to reduce the risk of reoffending. Services may include education about drunk driving, hearing from drunk driving victims, counseling, and substance abuse treatment. If you don’t participate, your license will not be reinstated, and you may be found in contempt of court. See S.C. Code § 56-5-2990 for failing to complete the program.
Is an Ignition Interlock Device Required?
Since the All Offender Law went into effect, the ignition interlock device is required to clear a drunk driving suspension.
What Happens If You Drive on a Suspended License?
Driving on a suspended license is a misdemeanor in South Carolina. An offender may face jail time and a fine. Penalties are more severe for repeat offenses.
How a Columbia DUI Defense Lawyer Can Help You Regain Driving Privileges
A Columbia DUI defense lawyer can support you in a variety of ways.
- Challenge the drunk driving charges against you
- Protect your legal rights
- Fight an implied consent violation
- Help you obtain a temporary license following an accusation of a breath test refusal
- Explain the law and the different suspensions that may apply
- Provide legal advice on how to proceed
- Work to minimize the suspension period and other potential consequences
- Represent you in plea negotiations, motion hearings, and trial
At Shealey Law Firm, our aggressive DUI defense lawyers can help you fight for your driver’s license. Contact us to discuss how to get a suspended license reinstated and see how an attorney can help. Call or message us now.