Prior DUI from another State and enchancement.

Prior DUI from another State and enchancement.

Posted By Hall & Hall Attorneys at Law || 17-May-2013

If you are arrested and charged with Driving Under the Influence (DUI) in the State of South Carolina, you may have the question, what happens to a South Carolina driver who has a prior DUI from another state?

South Carolina's new DUI law, more specifically South Carolina Code § 56-5-2930(D), provides the following:

For the purposes of this section, a conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of a law or ordinance of this or another state or a municipality of this or another state that prohibits a person from driving a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, including, but not limited to, this section, or prohibits a person from driving a motor vehicle with an unlawful alcohol concentration, including, but not limited to, Section 56-5-2933, constitutes a prior offense of this section. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.

Therefore, a prior DUI or DUAC conviction in another state can be used for enhancement purposes, if you are subsequently arrested and charged with DUI in South Carolina.

If you are arrested and charged with DUI in the State of South Carolina, please contact the office of Hall & Hall Attorneys at Law. The attorneys in our office located in West Columbia, County of Lexington, will represent you in all phases of the litigation process, and ensure your rights, including but not limited to your driving privileges, are protected.

Categories: DUI

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