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City of Florence v. Jordan12/20/2004
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 municipal court found the accused was not sufficiently informed and excluded the test results because the law enforcement officer purportedly failed to properly execute a preprinted rights advisement form. The circuit court affirmed this ruling. We reverse.
FACTS/PROCEDURAL HISTORY
George Washington Jordan, III, was arrested by Florence City Police in June 1999 for driving under the influence . Jordan was taken to police headquarters where he was offered a breath test. A law enforcement officer presented Jordan with a preprinted "Advisement of Implied Consent Rights" form issued by SLED. This form sets forth three separate advisements: a "DUI Advisement," a "Felony DUI Advisement," and a "Zero Tolerance Advisement." The law enforcement officer executing the form must check the box next to the appropriate advisement. In this case, the officer checked the box for the standard "DUI Advisement." This advisement reads, in its entirety:
Subject Advised/Informed in Writing: You are under arrest for Driving Under the Influence , Section 56-5-2930, South Carolina Code of Laws 1976, as amended. The arresting officer has directed that [breath, blood, urine (CIRCLE ONE)] samples be taken for alcohol and/or drug testing. The samples will be taken and tested according to Section 56-5-2950 and South Carolina Law Enforcement Division procedures. You do not have to take the tests or give the samples. If you are 21 years old or older and you refuse to submit to the tests or give the samples, your privilege to drive in South Carolina must be suspended or denied for at least ninety days and your refusal may be used against you in court. If you are 21 years old or older and take the tests or give the samples and have an alcohol concentration of fifteen one-hundredths of one percent or more, your privilege to drive in South Carolina must be suspended for at least thirty days. Pursuant to Section 56-1-286, if you are under 21 years old and refuse to submit to the tests or give the samples, your privilege to drive in South Carolina must be suspended or denied for at least six months for breath/blood refusals [ninety days for urine refusals] and your refusal may be used against you in court. Pursuant to Section 56-1-286, if you are under 21 years old and take the tests or give the samples and have an alcohol concentration of two one-hundredths of one percent or more, your privilege to drive in South Carolina must be suspended for at least three months. You have the right to have a qualified person of your own choosing conduct additional independent tests at your expense and the officer must provide you affirmative assistance upon request. You have the right to request an administrative hearing within ten days of the issuance of the notice of suspension. You must enroll in an Alcohol and Drug Safety Action Program within ten days of the issuance of the notice of suspension.
(emphasis in original). The officer advising Jordan of his implied consent rights failed to indicate on the advisement form the type of test to be administered by circling or otherwise designating whether a "breath," "blood," or "urine" sample would be requested from Jordan. Jordan was given a copy of the advisement form, and he consented to a breath test. Evidence from the suppression hearing revealed that Jordan was informed a breath test would be offered.
In pre-trial proceedings, Jordan moved to exclude the results of the test, arguing the officer's failure to ci
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