State v. Dabney

Appellants pled guilty to or were convicted of driving under the influence (DUI). All had previous DUI convictions that they assert were erroneously used in calculating the level of the present offenses. We affirm.

South Carolina Code Ann. § 56-5-2940 (Supp. 1989) establishes the penalty for first offense DUI and for subsequent offenses, and provides the method for determining what previous offenses shall be included in calculating the appropriate penalty. Prior to May 21, 1981, the time period for consideration of previous offenses was ten (10) years. On May 21, 1981, the time period was…