Elements of a DUI: In this state

In this state

The statute makes it against the law to commit DUI anywhere within this state.[6]  This includes private property.[7]


DUI Law

Case Law

“To construe § 56-5-6310 as appellant suggests would leave our DUI law applicable to all property within the State, public or private, with the particular exception of private roads. Under this reasoning, a DUI offense committed on a property owner's driveway could not be prosecuted absent the owner's previous written consent but an offense committed on the abutting private property could. The legislature could not have intended such an exception to application of our DUI law.”  State v. Allen, 314 S.C. 539, 541–42 (1993)

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