Can you get a DUI on a moped in the state of South Carolina? At one point the answer to that question was no, but that all changed in 2018. Hi, my name is Dale Savage and I’m a criminal defense attorney here in Charleston, South Carolina, and today we’re talking about DUI on mopeds.
The Old Law
Prior to November 19th, 2018, you could not be charged or convicted with a DUI if you’re riding a moped. Even though you ride them on the roads with other cars, trucks, and motorcycles, our state statute did not classify mopeds as motor vehicles, which is why you could not be convicted under the statute for driving under the influence.
One of the first elements that the state is required to meet under DUI laws is that you were driving a motor vehicle, and because mopeds were not classified as motor vehicles, it didn’t fall under the statute. So even if you were under the influence of drugs and/or alcohol, you could not be convicted of DUI if you’re riding a moped before November 2018.
Mopeds now Motor Vehicles
But the law has changed since then and now mopeds are classified as motor vehicles. And another strange quirk in the law was that you did not require a license to ride a moped prior to 2018. What that meant is if you had a suspended license due to a DUI conviction, you could still ride a moped legally on our roads in the state of South Carolina. Following that change in the law in November 19th, 2018, you now do have to have a valid license to ride a moped, and so that loophole no longer exists.
Charleston, SC DUI Attorney
If you have any questions regarding DUIs and mopeds, please give me a call at (843) 530-7813. I hope this video was helpful, and thanks for watching.