Can you get a DUI on a moped? Surprisingly, at one point in South Carolina the answer was no, you could not get a Moped DUI, but all that changed in 2018.
Hi, my name is Dale Savage and I’m a criminal defense attorney here in Charleston, SC. Today we’re going to talk about moped DUI’s and what you need to know.
Strange but true, before 2018 you could not be convicted for DUI on a moped in South Carolina. Even though you drive them on the road with other cars, trucks and motorcycles, South Carolina did not classify mopeds as motor vehicles until November 19, 2018, which is why you could not be convicted.
The first element that the state needs to prove to support a conviction for DUI is that you were driving a motor vehicle.
You were driving;
- A motor vehicle;
- In the state of SC ;
- While under the influence of drugs; and
- Your faculties were materially and appreciably impaired.
So before 2018 even if you were under the influence of alcohol and/or drugs and were driving a moped on the road, it did not meet the first element required of the DUI statute that was in place at the time.
Another important change to the DUI laws affecting driving a moped under the influence was that you did not need to have a license to drive a moped on the road. So, if you had lost your license from a DUI conviction you could still legally drive a moped on the road in this state.
The 2018 change in the law not only classified mopeds as motor vehicles but also required riders have a valid license to drive a moped, therefore closing the loophole.
Mt. Pleasant, SC DUI Attorney
So, if you have any questions about DUI’s on a moped please give me at call at (843) 530-7813 I hope this video was helpful and thanks for watching.