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South Carolina Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of South Carolina or Court of Appeals of South Carolina where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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Williams v. South Carolina Dep't of Motor Vehicles - 11/22/2005
Submitted November 1, 2005 REVERSED T. D. Williams, IV was arrested for driving under the influence. Williams failed to consent to a breath test offered by the arresting law enforcement officer. As a result, the South...

In re Thompson - 11/21/2005
Submitted September 27, 2005 DISBARRED In this attorney disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule...

In re Gosnell - 10/24/2005
Submitted June 24, 2005 PUBLIC REPRIMAND In this judicial disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RJDE,...

In re Brooks - 10/24/2005
Heard September 22, 2005 INDEFINITE SUSPENSION In this attorney disciplinary matter, a Panel of the Commission on Lawyer Conduct (the Panel) found that Walter W. Brooks (Respondent) violated Rules 7(a)(1), 7(a)(3),...

In re Charleston Municipal Court Judge Mendelsohn - 10/24/2005
Submitted July 6, 2005 PUBLIC REPRIMAND In this judicial disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RJDE,...

State v. Bennett - 6/27/2005
Submitted May 1, 2005 AFFIRMED Stanley Bennett appeals from his convictions for driving under suspension (DUS), 4th, and habitual traffic offender, arguing the trial judge erred by allowing the admission of his entire...

State v. Cuevas - 6/20/2005
Opinion Heard May 11, 2005 REVERSED AND REMANDED Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney...

Lollis v. S&S Construction Co. - 5/26/2005
Submitted May 1, 2005 AFFIRMED Billy Jack Lollis and Ashley E. Lollis, as personal representatives of the Estate of Billy E. Lollis, Jr., appeal the circuit court's order affirming the Appellate Panel of the South...

S.C. Dep't of Motor Vehicles v. Nelson - 5/23/2005
Opinion Submitted May 1, 2005 REVERSED Danny Joe Nelson was arrested for driving under the influence. Nelson refused to consent to a breath test offered nearly five hours after his arrest. As a result, the South...

State v. Cantrell - 5/18/2005
Submitted May 1, 2005 AFFIRMED After Benjamin K. Cantrell was convicted and sentenced for driving under the influence in magistrate's court, he appealed to the circuit court. The circuit court dismissed the appeal as...

State v. Freeman - 5/16/2005
Submitted May 1, 2005 APPEAL DISMISSED Mark Freeman appeals his conviction for driving under the influence. He argues the trial judge erred in denying his motion for a directed verdict. His counsel attached to the final...

State v. Boheler - 5/13/2005
Submitted May 1, 2005 APPEAL DISMISSED Lester James Boheler appeals his guilty pleas for driving under the influence, fourth offense; driving under suspension, third offense; and being a habitual traffic offender....

State v. Young - 5/2/2005
Heard December 7, 2004 AFFIRMED Derringer L. Young was charged with possession with intent to distribute crack cocaine, criminal sexual conduct in the first degree, and kidnapping. He pled guilty to the possession charge,...

State v. Wilson - 4/7/2005
Submitted April 1, 2005 APPEAL DISMISSED Jimmy Wilson appeals from his guilty plea to felony driving under the influence causing death arguing the trial judge erred in accepting his plea without advising him of the...

State v. Cisson - 4/7/2005
Submitted April 1, 2005 APPEAL DISMISSED Appellant, Steven Gary Cisson, pled guilty to second offense driving under the offense (DUI), failure to stop for a blue light, unlawful use of a telephone, and second offense...

State v. Rieb - 3/29/2005
Submitted March 1, 2005 AFFIRMED Eric Andrew Rieb appeals a murder conviction, arguing the trial court erred in excluding evidence of his prior psychiatric hospitalizations and refusing to present a jury charge on the law...

State v. Long - 3/21/2005
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Heard February 15, 2005 AFFIRMED We granted certiorari to review a Court of Appeals' decision holding that, pursuant to S.C. Code Ann. § 56-5-2946 (Supp. 2004), a law...

State v. Staten - 3/7/2005
Heard February 9, 2005 AFFIRMED Dushun Staten appeals his convictions for murder and lynching in the first degree. He argues the trial court erred in (1) admitting a prior statement by the decedent; (2) barring evidence...

State v. Gates - 3/1/2005
Heard December 8, 2004 AFFIRMED Harlan Gates appeals his conviction for driving under the influence (DUI), alleging the trial court erred in not suppressing the evidence derived from the checkpoint in which he was...

South Carolina Dep' of Probation - 2/24/2005
Heard February 8, 2005 REVERSED The Department of Probation, Parole and Pardon (the Department) appeals the trial court's probationary sentence ordering Elijah Byrd to pay restitution directly to the victim's attorney...

State v. Livingston - 2/22/2005
Submitted January 1, 2005 AFFIRMED This is an appeal from a felony driving under the influence conviction. The primary issue is whether a hospital employee who obtained a urine sample from the defendant was properly...

Patterson v. Patterson - 2/14/2005
Submitted February 1, 2005 AFFIRMED This is an appeal of the family court's decision in favor of Yancey Patterson (Father) on Kimberly Patterson's (Mother) motion for reduction in child support. We affirm. FACTS ...

In re Richland County Magistrate Stocker - 2/7/2005
Submitted January 4, 2005 PUBLIC REPRIMAND; SUSPENSION In this judicial disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into two Agreements for Discipline by Consent pursuant to...

State v. Frey - 1/25/2005
ORDER PER CURIAM The State has petitioned for a rehearing and argues our prior opinion was incorrect in several particulars. While we deny the petition for rehearing, we briefly address the State's contentions. The...

State v. Hackett - 1/24/2005
Submitted December 1, 2004 AFFIRMED This appeal presents the novel question of whether a probationer's probationary period may be tolled when he absconds from supervision. Appellant, Samuel Hackett, was sentenced to...

State v. Jennings - 1/19/2005
Submitted January 1, 2005 APPEAL DISMISSED David Wayne Jennings appeals from his guilty pleas to driving under suspension and driving under the influence. Jennings argues his pleas were not freely and voluntarily given...

Cantrell v. SC Department of Public Safety - 1/13/2005
Submitted November 1, 2004 AFFIRMED Benjamin Cantrell appeals the circuit court's order affirming the administrative hearing officer's decision that his arrest for driving under the influence was lawful. We affirm...

City of Florence v. Jordan - 12/20/2004
Submitted October 1, 2004 REVERSED In this appeal, we must decide whether an individual charged with DUI was adequately informed in writing of his implied consent rights before submitting to a breath analysis test. The...

State v. James - 12/20/2004
Heard October 13, 2004 REVERSED Christopher James appeals his convictions for possession with intent to distribute crack cocaine and possession with intent to distribute crack cocaine within proximity of a school. He...

State v. Landis - 12/6/2004
On November 27, 2000, South Carolina Highway Patrol Trooper David Davis (Trooper Davis) observed a vehicle driven by Landis headed northbound on Interstate 85. Landis was weaving and straddling the center lane. A State Transport Police...

State v. Campbell - 11/8/2004
On April 10, 2002, Campbell and the victim attended a party for Campbell's nephew. After leaving the party they went to a local bar and played pool. Upon leaving the bar, with Campbell driving and the victim riding in the passenger seat,...

State v. Frey - 10/25/2004
On December 21, 2001, Frey, while driving a pick-up truck in Spartanburg County, collided with two Spartanburg County Sheriff's Office vehicles. Frey was injured in the accident and transported to the Spartanburg Regional Medical Center....

Sponar v. South Carolina Dep't of Public Safety - 7/19/2004
Following his arrest for driving under the influence, Timothy R. Sponar refused to take a Datamaster test. Pursuant to this refusal, the Department of Public Safety (DPS) revoked Sponar's driver's license. Sponar requested an implied...

State v. Miller - 6/28/2004
On or about 4:00 p.m. on the afternoon of October 5, 2001, a black male robbed the Alltel Communications store located on Floyd Baker Boulevard in Gaffney, South Carolina. The perpetrator entered the store with his back to the store's two...

Brown v. Brown - 6/21/2004
Officer McKee of the Harleyville Police Department stopped Earl Felder's car after he noticed Felder driving in an erratic manner. Woodrow, his brother Joseph, and another young man were all traveling as passengers in the car. While...

State v. Belviso - 6/1/2004
Elaine P. Belviso was arrested and charged with driving with an unlawful alcohol concentration and violating the open container law. The magistrate, relying on State v. Jackson, 302 S.C. 313, 396 S.E.2d 101 (1990), dismissed the open...

State v. Hill - 5/11/2004
On November 4, 1991, Hill was convicted of second-degree arson, second-degree burglary, malicious injury to personal property, driving under the influence (fourth offense), and criminal domestic violence (third offense). The judge...

State v. Horton - 5/3/2004
On September 26, 2001, Gregory Thomas, fourteen years old,was struck and killed while walking with his family. Horton was drivingthe vehicle that struck Thomas. At trial, the State presented the testimony of SuzieThomas...

State v. Miller - 4/26/2004
FACTUAL/PROCEDURAL BACKGROUND On or about 4:00 p.m. on the afternoon of October 5, 2001, a black male robbed the Alltel Communications store located on Floyd Baker Boulevard in Gaffney, South Carolina. The perpetrator entered...

[W] State v. Miller - 4/26/2004
Heard March 10, 2004 REVERSED AND REMANDED A Cherokee County grand jury indicted Robert Earl Miller for unlawful possession of a handgun, failure to stop for a police vehicle, and armed robbery. Following a jury trial,...

Kennedy v. Griffin - 2/3/2004
On May 29, 1998, Kennedy was driving his pickup truck on U.S. Route 29 in Cherokee County, approaching the intersection with Secondary Road 164. Scott Griffin was driving an eighteen-wheeler truck in the scope of his employment with Dick...

State v. Hook - 11/24/2003
Heard October 8, 2003 ON WRIT OF CERTIORARI TO THE COURT OF APPEALS AFFIRMED AS MODIFIED We granted a writ of certiorari to review the Court of Appeals' decision holding that petitioner/respondent Hook's statement to...

State v. Knuckles - 6/23/2003
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Heard May 15, 2003 REVERSED We granted certiorari to review the Court of Appeals' decision in State v. Knuckles, 348 S.C. 593, 560 S.E.2d 426 (Ct. App. 2002). We reverse. ...

State v. Gill - 6/23/2003
Heard April 10, 2003 AFFIRMED Carlos M. Gill appeals his convictions for distribution of crack cocaine, distribution of crack cocaine within proximity of a school, and conspiracy to distribute crack cocaine. He argues the...

State v. Foster - 6/12/2003
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Heard April 1, 2003 AFFIRMED We granted the State's petition for a writ of certiorari to review the Court of Appeals' opinion in State v. Foster, Op. No. 2001-UP-321 (Ct....

Gantt v. State - 4/28/2003
ON WRIT OF CERTIORARI Submitted February 20, 2003 REVERSED We granted the State's petition for a writ of certiorari to review the grant of post-conviction relief (PCR). We now reverse. FACTS Respondent...

State v. Cuccia - 3/10/2003
Submitted February 10, 2003 AFFIRMED Curtis Cuccia was charged with driving under the influence (DUI), open container, possession of beer by a person under twenty-one years old, and speeding.á His driver's license was...

Clark v. South Carolina Department of Public Safety - 11/12/2002
Heard September 10, 2002 AFFIRMED This case arises out of the death of a motorist who was struck and killed by a suspect fleeing from a high-speed police pursuit. Ronald Clark, as personal representative of the estate of...

State v. Primus - 5/20/2002
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Heard April 4, 2002 AFFIRMED IN PART; REVERSED IN PART. Respondent James Anthony Primus (Primus) was indicted on charges of first degree criminal sexual conduct (CSC) and...

State v. Bull - 4/22/2002
Appeal From Darlington County John M. Milling, Circuit Court Judge Submitted March 5, 2002 AFFIRMED Jacinto Antonio Bull was charged with felony driving under the influence (DUI), reckless homicide, driving under...

State v. Huntley - 3/11/2002
Appeal From Lancaster County Kenneth G. Goode, Circuit Court Judge Heard November 27, 2001 REVERSED On May 27, 2000, Respondent James Eugene Huntley (Huntley) was arrested for driving under the influence. After the...

City of Rock Hill v. Thompson - 3/11/2002
IN THE ORIGINAL JURISDICTION Heard November 27, 2001 DENIED Petitioner City of Rock Hill (City) petitions the Court to issue a writ of mandamus "requiring the Honorable Jane Pittman Modla, Judge of the City of Rock...

Richland County v. Simpkins - 3/4/2002
Heard January 10, 2002 AFFIRMED Numerous owners of businesses cited for violations of the Richland County Sexually Oriented Businesses Ordinance (the ordinance) forfeited their bonds, previously tendered to the magistrate's...

State v. Knuckles - 1/28/2002
Appeal From Cherokee County Thomas L. Hughston, Jr., Circuit Court Judge Heard December 4, 2001 VACATED Harold Knuckles was charged with driving under the influence (DUI), pled guilty, and was convicted. Knuckles...

State v. Hook - 12/17/2001
Appeal From Barnwell County Thomas W. Cooper, Jr., Circuit Court Judge Heard November 6, 2001 REVERSED and REMANDED Ray Edward Hook appeals his conviction for driving under the influence, third offense. We reverse and...

State v. Martin - 11/13/2001
Appeal From Cherokee County Lee S. Alford, Circuit Court Judge Submitted October 1, 2001 AFFIRMED IN PART, REVERSED IN PART, AND REMANDED Jerry Martin appeals his conviction for possession of marijuana. Martin claims...

State v. Potts - 10/15/2001
Appeal From York County J. C. Nicholson, Jr., Circuit Court Judge Heard September 25, 2001 REVERSED The State appeals a circuit court's determination that criminal defendants being tried before a jury in magistrate's...

State v. Humphries - 8/6/2001
Appeal From Sumter County Howard P. King, Circuit Court Judge Heard February 7, 2001 AFFIRMED In this criminal case, Claude and Phil Humphries appeal from their convictions for trafficking marijuana on the grounds...

State v. Henderson - 7/9/2001
Appeal From Charleston County R. Markley Dennis, Jr., Circuit Court Judge Heard May 8, 2001 AFFIRMED The State appeals the circuit court's reversal of James E. Henderson, III's municipal court conviction for first...

Johnson v. Catoe - 6/11/2001
IN THE ORIGINAL JURISDICTION Heard February 20, 2001 DENIED We have accepted this case in our original jurisdiction to consider whether petitioner is entitled to a new trial based upon after-discovered evidence. We...

State v. Russell - 4/30/2001
Appeal From York County Alison Renee Lee, Circuit Court Judge Heard April 4, 2001 AFFIRMED Isaac Randall Russell appeals his conviction for Driving Under the Influence of alcohol (DUI) in violation of S.C. Code Ann. §...

Brunson v. Stewart - 4/30/2001
Appeal From Richland County Costa M. Pleicones, Circuit Court Judge Submitted April 2, 2001 AFFIRMED James R. Brunson brought this declaratory judgment action against Chief Robert Stewart in his official capacity as...

State v. Jones - 3/12/2001
Appeal From Richland County H. Dean Hall, Circuit Court Judge Heard January 11, 2001 AFFIRMED Jones was convicted of three counts of armed robbery, and possession of a firearm during the commission of a violent crime;...

State v. Cherry - 2/12/2001
Appeal From York County John C. Hayes, III, Circuit Court Judge Heard October 11, 2000 A jury convicted Yukoto Eugene Cherry for possession of crack cocaine with intent to distribute. The trial court sentenced him to five...

State v. Gay - 1/24/2001
Appeal From Richland County Thomas W. Cooper, Jr., Circuit Court Judge Heard January 9, 2001 AFFIRMED A jury convicted appellant of murder, and the trial court sentenced him to life imprisonment. He directly appeals...

State v. Salisbury - 1/16/2001
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Appeal From Dorchester County Luke N. Brown, Jr., Circuit Court Judge Heard December 2, 1999 AFFIRMED AS MODIFIED Elliott G. Salisbury, Jr. ("Salisbury") appeals the...

State v. Johnson - 1/2/2001
Appeal From Aiken County Rodney A. Peeples, Circuit Court Judge Submitted December 11, 2000 REVERSED AND REMANDED A jury convicted Trevis Johnson of possession of crack cocaine. Because he had a prior conviction for...

In re Tribert - 12/18/2000
Submitted November 27, 2000 DEFINITE SUSPENSION In this attorney disciplinary matter, respondent and Disciplinary Counsel have entered into an agreement under Rule 21 of the Rules for Lawyer Disciplinary Enforcement (RLDE)...

State v. Rowlands - 12/11/2000
Appeal From Charleston County Alison Renee Lee, Circuit Court Judge AFFIRMED The magistrate's court dismissed a driving under the influence charge against Michelle A. Rowlands on the basis of double jeopardy. The circuit...

Lydia v. Horton - 10/30/2000
Appeal From Oconee County James W. Johnson, Jr., Circuit Court Judge Heard October 9, 2000 REVERSED AND REMANDED Mitchell Lydia brought a first party action against Steve C. Horton for negligent entrustment of his...

Starnes v. Department Of Public Safety - 7/17/2000
Appeal From Lancaster County Daniel E. Martin, Sr., Circuit Court Judge Submitted April 10, 2000 AFFIRMED The South Carolina Department of Public Safety suspended the driver's license of Billy Ray Starnes. The circuit...

State v. Martin - 6/19/2000
Appeal From Lexington County Marc H. Westbrook, Circuit Court Judge Heard April 12, 2000 AFFIRMED IN PART AND VACATED IN PART The circuit court vacated a magistrate's order which reopened Rebecca Ann Martin's...

In re Nelson - 6/5/2000
In the Matter of Nelson Submitted May 23, 2000 PUBLIC REPRIMAND PER CURIAM In this judicial grievance matter, respondent and Disciplinary Counsel have entered into an agreement under Rule 21, RJDE, Rule 502,...

State v. McAteer - 5/30/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Appeal From York County Frank P. McGowan, Jr., Circuit Court Judge Heard March 21, 2000 REVERSED We granted certiorari to review the en banc decision of the Court of...

Padgett v. South Carolina Insurance Reserve Fund - 5/22/2000
Appeal From Richland County L. Henry McKellar, Circuit Court Judge Heard September 8, 1999 AFFIRMED In this declaratory judgment action, Thaje Padgett, a student at South Carolina State University, sought to determine...

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