In Brown South Carolina Supreme Court Offers Guidance for Breath Testing Evidence in DUI/Drunk Driving Cases


On July 7, 2008, at approximately 1:46 a.m., Officer Scott Wilson of the Columbia Police Department initiated a traffic stop after observing Petitioner's vehicle traveling on Harden Street without the headlights illuminated. During the stop, Officer Wilson smelled alcohol on Petitioner's breath and observed that Petitioner exhibited bloodshot eyes, slurred speech, and "slow and deliberate movements." As a result, Officer Wilson advised Petitioner of his Miranda[2] rights and ordered him to perform four field sobriety tests. After Petitioner "failed" three of the four tests, Officer Wilson arrested him for DUI/drunk driving and transported him to the Columbia Police Department.

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