Clemson DUI/DWI Law Blog

If a driver in South Carolina is pulled over under suspicion of DUI, the police may no longer administer a blood-alcohol test without permission or a warrant in most cases. This is due to a recent ruling from the Supreme Court where a man was given a blood test without his permission or a warrant, and two lower courts threw out the evidence because of it. The Supreme Court upheld the lower courts ruling stating that the dissipation of alcohol in someone's blood stream is not sufficient to override the requirement that police get a warrant before subjecting someone to a blood test.

In the case in question, a man was pulled over after a police officer observed the man speeding and swerving. The man had two drunk driving convictions and failed several field sobriety tests. After he refused to take a breath test, the police officer took him to a hospital for a blood test but did not obtain a warrant to do so.

After being seriously injured in an car accident on Sept. 8, 2012, a former Skydive Carolina skydiving instructor is responding to treatment and is beginning to communicate. The man who injured him is facing felony drunk driving charges after driving the wrong way down Interstate 77 and colliding with the victim head on. The alleged drunk driver is also facing an open container violation.

Law students at USC held a party where more than 150 friends and family members of the victim came together to raise money for their injured loved one. Before the accident, the man had participated in over 1,600 jumps from airplanes. At the time of the accident, he had to be taken by helicopter to Palmetto Health Richland where he remained in a coma for some time.

Authorities in Lexington recently charged a 33-year-old businessman with DUI. The arresting officer reported that the man was speeding, ran a red light and nearly drove his vehicle into a pond. The businessman has previously received Lexington Chamber's Young Professional of the Year in 2012.

The report indicates that despite being advised he was under arrest for drunk driving charges, the driver was compliant with the officer. After pulling to the side of the road for the traffic stop, the man advised the officer that he had consumed one beer at an event. He failed a series of field sobriety tests and later blew a .23 after submitting to a breathalyzer at the county jail.

A 52-year-old government official was taken into custody on March 2 for a DUI after his involvement in an accident in Mt. Pleasant, in which he rammed into another car at a red light. The suspect admitted he had some drinks. According to the police report, an officer could smell the odor of alcohol and observed what appeared to be alcohol spots on his clothing. He allegedly struggled as he attempted to do basic tasks and slurred his words.

The suspect could not perform field sobriety tests and was taken into custody for a DUI. He would not submit to a breathalyzer test. The suspect, who has served as a government official since 2009, was released without bail on his own recognizance.