You may already know that, when you are being arrested for a DUI in SC, you can (and usually should) refuse the breathalyzer test. But what about a blood test? Can you refuse a blood test in SC? In Sanders v. SCDMV, the SC Supreme Court upheld an implied consent...
If a police officer is asking you to take a breathalyzer test, how do you know that the test is accurate? How do you know the officer is operating the test competently, or that the officer is not going to tamper with the result? Police, prosecutors, judges, and the...
Last week, on the same day that I wrote about whether corporate profits and trade secrets are more important than a defendant’s constitutional rights, the SC Supreme Court may have answered the question for us… In Hartsock v. Goodyear, the SC Supreme Court answered a...
It can – but not in the way that you might think. Your own use of an alcohol-based hand sanitizer is extremely unlikely to affect the breathalyzer/ Datamaster result in a SC DUI case. But, the officer’s use of an alcohol-based hand sanitizer prior to...
