In Birchfield v. North Dakota, the U.S. Supreme Court heard arguments on whether police need a warrant to perform a DUI blood test and held that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving but not warrantless blood tests. The broader impact of this decision applies to those states that… Read More
Is it a crime to refuse the DUI breath test?
You’ve been pulled over by the police for suspicion of drink driving and they want you to provide a DUI breath test sample or blood sample. Is it a crime to refuse the DUI breath test or provide a blood sample without a warrant? Luckily in South Carolina the answer is no, but in many… Read More
Do I need a DMV Administrative Hearing?
If you have been arrested for South Carolina DUI and had your license suspended, then you may qualify for a Temporary Alcohol Restricted License (TARL). To do this, you first must request a DMV administrative hearing within 30 days of the notice of suspension, which is separate and apart from the criminal charge. What is… Read More
South Carolina DUI Laws – Emma’s Law
On Friday April 11, 2014 the South Carolina Senate passed Bill S.137 known as “Emma’s Law” which now will be sent to Gov. Nikki Haley who will almost certainly sign it into law. South Carolina DUI laws have changed since October 1, 2014. The newly signed Emma’s law is now in effect for persons convicted… Read More
“Blow hard” instruction in DUI Breath Test Improper.
DUI Breath Test “Blow Hard” Instruction Improper On January 23, 2013 a SC judge ruled that the instruction to “blow hard” when administering a DUI breath test invalidated the results and ruled it inadmissible in court. The court noted that “There is simply no way to avoid the unavoidable conclusion that instructing a subject to… Read More
