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Supreme Court Clarifies Testimonial Requirements in DUI License Hearings

Supreme Court Clarifies Testimonial Requirements in DUI License Hearings

On January 8, 2014, the South Carolina Supreme Court ruled in South Carolina Department of Motor Vehicles v. Brown that a failure by a DUI officer at an administrative hearing to testify as to the details of how the Datamaster was functioning properly at the time of the breath test was not alone grounds for rescinding a driver's license suspension.  You can read the opinion at http://sccourts.org/opinions/HTMLFiles/SC/27346.pdf 

What does this mean to the average driver?

This recent ruling could affect what an arresting officer in a DUI case has to testify to in order to sustain a suspension for either refusing the breath test or providing a sample of .15% or greater.  These hearings are vital for most of my clients.  Careers are often tied to driving privileges.  If one loses this hearing or fails to request this hearing, they will be required to complete the Alcohol and Drug Safety Action Program (ADSAP) and may be eligible for route restricted license privileges.  One thing is certain, if this hearing is not requested or lost, that person's original South Carolina driving privilege will be suspended.

If you have questions about how this can affect you or if you have been charged with DUI or a criminal offense in South Carolina, please contact my office today at (843) 761-0610.

Brady Vannoy is an AV Preeminent rated lawyer who defends DUI and criminal cases in Berkeley, Charleston, Dorchester and other areas of South Carolina.   

January 14, 2014 Brady Vannoy

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Brady Vannoy

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Moncks Corner, South Carolina 29461

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  The results listed on this website cannot be used to guarantee any result in any potential case.  Each case involves different facts and circumstances.  Potential clients should NOT rely on these result to dictate the outcome of their individual case or any other matter.

From the Blog

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