The City of St. Louis announced that it would be a "no refusal zone" in suspected drunk driving cases beginning December 30, 2013. If a suspected drunk driver refuses the breath test, the City advertises that an officer will apply to a judge for a search warrant for that person's blood to be drawn and chemical testing be performed on the sample. A link to the article can be found at the bottom of this page.
According to the National Highway Traffic Safety Administration (NHTSA), Arizona, Florida, Idaho, Illinois, Kansas, Louisiana, Missouri, Texas, and Utah are "no refusal States". Moreover, according to NHTSA, a handful of other States have necessary legal authority to set up "no refusal" initiatives. South Carolina is not a "no refusal State". In simple DUI cases in South Carolina, a blood sample cannot be taken unless the person has an injured mouth, is unconscious, or for another reason stated by a licensed medical professional.
If you have questions about this article or have been charged with DUI in South Carolina, contact me today at (843) 761-0610 or through the contact page on this website to set up a free consultation.
Brady Vannoy is a lawyer who defends DUI cases in South Carolina. His office is located in Berkeley County and his number is (843) 761-0610.