State v. Rush

Appellant challenges the constitutionality of Act No. 532, § 9,1988 Acts 4644, which amended S.C. Code Ann. § 56-5-2940. We reject his arguments and affirm.

The amendment challenged in this appeal increased from five (5) to ten (10) years the period of time a prior conviction for driving under the influence (DUI) may be considered for determining whether an offense is a second or subsequent offense. The ten (10) year period is applicable to all DUI offenses committed on or after January 1, 1989, the effective date of the amendment.

Appellant was convicted of DUI in 1983. In the present case,…