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Chemical Testing in South Carolina DUI cases

Whether you know it or not, by driving on South Carolina roads you consent to give samples (i.e. breath, blood and/or urine) for chemical testing if you are under arrest for Driving Under the Influence (DUI), Driving with an Unlawful Alcohol Concentration (DUAC), or Felony DUI (DUI involving death or serious bodily injury).  This law is referred to as Implied Consent ("A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of the person's breath, blood, or urine for the purpose of determining the presence of alcohol, drugs, or the combination of alcohol and drugs, if arrested for an offense arising out of acts alleged to have been committed while the person was driving a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs . . . . If the person is physically unable to provide an acceptable breath sample because the person . . . is unconscious . . . the arresting officer may request a blood sample to be taken.  Any additional tests to collect other samples must be collected within three hours of the arrest.  S.C. Code Ann. § 56-5-2950 (A) (Supp. 2009)).

Case Results

South Carolina Supreme Court case of State v. Groome, 378 S.C. 615, 664 S.E. 2nd 460 (2008), in which Mr. Price tried, and won, the first police roadblock case decided by the South Carolina Supreme Court...

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