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.