When you see a law named after a person, a tragedy usually happened to inspire the legislation and Emma’s Law is no different. Six-year-old Emma was killed by a drunk driver when she was on the way to church with her family on New Year’s Day in 2012. Although the law is extensive, the part that affects the most Charleston DUI lawyer clients is the ignition interlock device requirement.
What is the Ignition Interlock Device Requirement?
The ignition Interlock Device (IID) is a system that administers a breathalyzer test to drivers before they can start their vehicles. These devices are usually installed in vehicles after a second DUI and sometimes after just one DUI as well. If drivers do not comply with the requirements or are caught driving a vehicle that is not their own, they can be taken back to court for noncompliance.
A few of the requirements of Emma’s law include:
- IID installation as consequence for any DUI where the blood alcohol level of the driver is over .15.
- IID installation for first time DUI offenders with a blood alcohol content between .08-.14 OR option of license suspension for 6 months
- Automatic installation of IID for repeat DUI offenders
- Up to two years of installation depending on the DUI offense.
- Fourth time DUI offenders will have an IID for life.
When you are charged with a DUI in South Carolina, the first thing you should do is call a Charleston DUI lawyer. The strict DUI laws, including Emma’s Law, have made the consequences for DUIs more severe than ever before. The best thing your Charleston DUI lawyer can do is work to get your case dismissed before you ever go to trial. Emma’s Law makes life harder for people convicted of a DUI to live a regular life afterwards, let your attorney help make sure the charges never make it onto your record.
If you have been charged with a DUI, call the Law Office of Peter David Brown at 843-806-0899.