2012 South Carolina Code of Laws
Title 56 - Motor Vehicles
Chapter 1 - DRIVER'S LICENSE
Section 56-1-400 - Surrender of license; renewal or return to licensee; endorsing suspension and ignition interlock device on license.

(A) The Department of Motor Vehicles, upon suspending or revoking a license, shall require that such license shall be surrendered to the Department of Motor Vehicles. At the end of the period of suspension, other than suspension for reckless driving, driving under the influence of intoxicants, or pursuant to the point system such license so surrendered shall be returned to the licensee, or in the discretion of the Department of Motor Vehicles, a new license issued to him. The Department of Motor Vehicles shall not return nor restore a license which has been suspended for reckless driving, driving under the influence of intoxicants, or for violations under the point system until the person has filed an application for a new license, submitted to an examination as upon an original application, and has satisfied the Department of Motor Vehicles, after an investigation of the character, habits, and driving ability of the person, that it would be safe to grant him the privilege of driving a motor vehicle on the public highways. Provided, the Department of Motor Vehicles, in its discretion, where the suspension is for violation under the point system may waive such examination, application, and investigation. A record of suspension shall be endorsed on the license returned to the licensee, or the new license issued to the licensee, showing grounds of such suspension. In the case of a license suspended for driving under the influence of intoxicants, the restriction on the license returned to the licensee, or the new license issued to the licensee, must conspicuously identify the licensee as a person who may only drive a motor vehicle with an ignition interlock device installed and the restriction must be maintained on the license for the duration of the period for which the ignition interlock device must be maintained pursuant to Section 56-5-2941. Unless the person establishes that he is entitled to the exemption set forth in subsection (B), no license containing an ignition interlock device restriction shall be issued by the Department of Motor Vehicles without written notification from the authorized ignition interlock service provider that the device has been installed and confirmed to be in working order. If a person chooses to not have an interlock device installed, the license will remain suspended for three years from the date the suspension for driving under the influence of intoxicants ends. If during this three-year period the person decides to have the ignition interlock device installed, the device must be installed for the full suspension period or until the end of the three-year period, whichever comes first. This provision shall not affect nor bar the reckoning of prior offenses for reckless driving and driving under the influence of intoxicating liquor or narcotic drugs, as provided in Article 23 of Chapter 5 of this title.

(B) A person who does not own a vehicle, as shown in the Department of Motor Vehicles' records, and who certifies that he will not be driving any vehicle other than the one owned by his employer and that he will not own a vehicle during the interlock period, may petition the Department of Motor Vehicles, on a form provided by it, for issuance of a license containing an ignition interlock device restriction, without having to show that an ignition interlock device has been installed. The determination of eligibility for this waiver is subject to periodic review at the discretion of the Department of Motor Vehicles. The Department of Motor Vehicles must revoke a license issued pursuant to this exemption if it determines that the person has been driving a vehicle other than the one owned by his employer. The person may seek relief from the Department of Motor Vehicle's determination by filing a request for a contested case hearing with the Office of Motor Vehicle Hearings pursuant to the Administrative Procedures Act and the rules of procedure for the Office of Motor Vehicle Hearings.

(C) Any person whose license has been suspended or revoked for an offense within the jurisdiction of the court of general sessions shall provide the Department of Motor Vehicles with proof that the fine owed by the person has been paid before the Department of Motor Vehicles may return or issue the person a license. Proof that the fine has been paid may be a receipt from the clerk of court of the county in which the conviction occurred stating that the fine has been paid in full.

HISTORY: 1962 Code Section 46-186; 1952 Code Sections 46-179, 46-349; 1942 CodeSection 5996; 1932 Code Section 5996; 1930 (36) 1057; 1949 (46) 466; 1955 (49) 177; 1959 (51) 421; 1965 (54) 461; 1984 Act No. 478, Section 1; 1993 Act No. 181, Section 1318; 1996 Act No. 459, Section 91; 2007 Act No. 103, Section 23.B, eff January 1, 2008; 2008 Act No. 285, Section 2, eff January 1, 2009.