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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STATE v. SINGLETON - 8/7/1995
FACTS
Singleton was arrested and charged with driving a moped while under the influence of alcohol and/or drugs. While Singleton was being booked into the detention facility, the booking officer found cigarette rolling...
STATE v. ANDERSON - 4/17/1995
John C. Anderson was indicted for driving under suspension (DUS), driving under the influence of intoxicating liquors (DUI), and violation of the Habitual Traffic Offender Act. A jury found him guilty on all three charges. The issue on...
CITY OF COLUMBIA v. MOORE - 4/17/1995
The City of Columbia appeals the circuit court reversal of James C. Moore's municipal court conviction for driving under the influence. The circuit court overturned the jury verdict in the municipal court on the grounds that Moore's...
HOPKINS v. STATE - 11/28/1994
This Court granted certiorari to review the denial of post-conviction relief (PCR) to Petitioner Alton Hopkins. We reverse and remand.
FACTS
Petitioner was indicted on two counts of felony DUI causing great bodily injury,...
STATE v. EVANS - 10/3/1994
FACTS
Shortly before noon on July 18, 1991, Lauren and Larrae Bernardo received fatal injuries when they were struck by a truck as they walked along Hardscrabble Road with their grandparents. Two other grandchildren were...
IN THE MATTER OF WARDER - 9/19/1994
In this attorney grievance matter, respondent admits that he has committed ethical violations and consents to a public reprimand pursuant to Paragraph 28 of the Rule on Disciplinary Procedure, Rule 413, SCACR. We accept respondent's...
STATE v. DYAR - 8/15/1994
Tafford Lee Dyar was convicted of murder, first degree criminal sexual conduct and grand larceny and was consecutively sentenced to life, 30 years and 10 years, respectively.
We affirm.
During jury selection, the State...
STATE v. TENNYSON - 6/13/1994
Appellant pled guilty to fourth offense driving under the influence (DUI). He argues on appeal that the circuit court did not have jurisdiction to accept his plea since his prior DUI convictions were from another state. We disagree. ...
STATE AUTO PROPERTY AND CASUALTY INS. v. GIBBS - 5/23/1994
In this declaratory judgment action, State Auto Property and Casualty Insurance Company ("State Auto") sued to determine its responsibility for an automobile accident where Unisun Insurance Company ("Unisun") insured the driver under a...
STATE v. FRANKLIN - 4/4/1994
Appellant contends the trial court erred in admitting breathalyzer results. We affirm.
FACTS
Appellant Harvey Franklin was convicted of driving under the influence, fourth offense. Appellant appeals on the ground that the...
STATE v. CREECH - 12/20/1993
January 31, 1994.
After reviewing the Petition for Rehearing in this case, it is ordered that Opinion No. 2109 filed December 20, 1993, be withdrawn and the attached Opinion be substituted. The Petition for Rehearing is...
LEVINER v. S.C. D.H.P.T. - 12/6/1993
Joseph W. Leviner, Jr. (Leviner) contends that the trial judge erred in ruling that an initial refusal to submit to a breathalyzer test is not cured or nullified by a subsequent request to take the test. We disagree and affirm. ...
YEARGIN v. S.C. D.H.P.T. - 11/8/1993
This is an appeal from an order of the circuit court requiring appellant (the Department) to reinstate respondent's driver's license. We reverse.
Respondent's South Carolina driver's license was suspended until February 15, 1995,...
STATE v. CHARPING - 10/11/1993
James Michael Charping (Charping) appeals from the convictions and death sentence he received for his alleged role in the brutal rape and murder of Joann Pruitt (Pruitt). We reverse.
I. FACTS
Late on the evening of February...
HILL v. YORK COUNTY SHERIFF'S DEPT. - 10/11/1993
Appellant, Don Paul Hill, brought this action in negligence against respondent, York County Sheriff's Department. From an order granting the Sheriff's Department summary judgment, Hill appeals. We reverse and remand.
Hill raises...
PRZYBYLA v. S.C. D.H.P.T - 9/20/1993
Appellant Timothy Przybyla appeals his conviction and license suspension for driving under the influence of alcohol (DUI), third offense. We affirm.
On July 29, 1990, appellant, a South Carolina resident and license holder, was...
STATE v. HUNTER - 8/9/1993
Appellant's motion to disqualify the prosecutor for the City of Sumter was denied by the municipal court. The circuit court affirmed the ruling and appellant now appeals. We find no error in the decision of the municipal court. ...
STATE v. STACY - 6/7/1993
Michael John Stacy was convicted of several charges related to felony driving under the influence (DUI). He appeals, asserting error in the admission of evidence of his blood alcohol level. We affirm.
In June 1991, Stacy led...
STATE v. DYER - 5/11/1993
Appellant was convicted in magistrate's court of driving under the influence. The circuit court affirmed. The issue on appeal is whether the State properly established the identity of the offender. We affirm.
Appellant had no...
TOWN OF MOUNT PLEASANT v. SHAW - 5/10/1993
The Town of Mount Pleasant appeals Circuit Court's reversal of Respondent, Harry O. Shaw's (Shaw), Municipal Court conviction for Driving Under the Influence (DUI).
We reverse and reinstate the conviction.
FACTS
Shaw...
STATE v. ALLEN - 5/10/1993
Appellant was convicted of driving under the influence (DUI) pursuant to S.C. Code Ann. § 56-5-2930 (1991). The sole issue is whether § 56-5-2930 applies to DUI on a private road. We conclude it does and affirm.
FACTS
On the...
STATE v. SILVER - 5/3/1993
This case is before us on a writ of certiorari to review the Court of Appeals' decision reported at ___ S.C. ___, 414 S.E.2d 813 (Ct.App. 1992). We affirm as modified.
I. FACTS
Petitioner Ronald W. Silver was convicted in...
STATE v. WHITE - 3/22/1993
Ronald White appeals his conviction for felony
Around 11:00 p.m. on September 25, 1990, Trooper Wayne Gaugh received a transmission about a pedestrian being on Interstate-95 North in Florence County. Trooper Gaugh began searching...
STATE v. HARRIS - 3/1/1993
Appellant, Ernest Edward Harris, was tried and convicted of driving under the influence. He appeals his conviction. We affirm.
The issues raised in this appeal are whether the trial judge (1) ruled Harris was precluded from...
STATE v. SOUTH - 2/22/1993
Heard Dec. 7, 1992.
Decided Feb. 22, 1993.
In 1983, Respondent-Appellant Robert W. South was convicted
This Court granted South leave to make a motion for a new trial. Following a hearing, Judge John Hamilton Smith...
STATE v. BAKER - 2/22/1993
Heard Jan. 18, 1993; Decided Feb. 22, 1993.
Reh. Den. March 23, 1993.
Appellant Ernest Eugene Baker was convicted of
I. FACTS
The evening of October 28, 1989, Baker was involved in a collision with another...
STATE v. SULLIVAN - 1/11/1993
Heard May 4, 1992.
Decided Jan. 11, 1993.
The state appeals from a circuit court order which reversed
On November 8, 1989, Trooper Dan Merritt was directing traffic across the damaged Ben Sawyer Bridge when the...
STATE v. SQUIRES - 12/21/1992
We are asked to decide whether infrared spectrography constitutes a "chemical test" as contemplated by the implied consent statute, S.C. Code Ann. § 56-5-2950 (1991). We conclude that it does, and, in so doing, affirm appellant Linda...
STATE v. HAMBRIGHT - 12/21/1992
Heard Oct. 12, 1992.
Decided Dec. 21, 1992.
Robert Hambright was convicted of involuntary manslaughter in connection with the death of Jonathan Burrell. He appeals, contending the circuit court erred in (1) refusing his...
MURDOCK v. STATE - 12/21/1992
We granted petitioner Teresa L. Murdock's petition for writ of certiorari following the denial of her application for post-conviction relief (PCR). Petitioner alleges she entered her guilty plea upon the erroneous advice of counsel....
IN THE MATTER OF SMITH - 12/21/1992
Submitted Dec. 15, 1992.
Decided Dec. 21, 1992.
In this attorney grievance proceeding, respondent admits that he has committed ethical violations and consents to disbarment. We accept respondent's admission and disbar him....
STATE v. CRIBB - 12/14/1992
Heard Sept. 21, 1992.
Decided Dec. 14, 1992.
Appellant Johnny Raymond Cribb (Cribb) was convicted of three counts of felony driving under the influence. He challenges
1. FACTS
In the early morning hours of August...
STATE v. BAKER - 11/30/1992
Heard Nov. 4, 1992.
Decided Nov. 30, 1992.
Appellant was convicted in magistrate's court of driving under the influence. His conviction was affirmed on appeal by the circuit court. The sole issue on appeal is whether the...
STATE v. HAWKINS - 11/30/1992
Decided Nov. 30, 1992.
The appellant, Scott Hawkins, was convicted of resisting arrest
Viewing the evidence in the light most favorable to the State, a Cayce police officer observed the appellant driving in an erratic...
STATE v. WICKENHAUSER - 10/26/1992
Heard Oct. 30, 1991; Decided Oct. 26, 1992.
Reh. Den. Dec. 8, 1992.
Appellant Dale A. Wickenhauser appeals his conviction for driving under the influence (DUI), fourth offense, and sentence of imprisonment for four years,...
RAINO v. GOODYEAR TIRE & RUBBER CO. - 8/31/1992
Heard June 5, 1992
Decided August 31, 1992.
This is a strict liability case. Appellants Goodyear Tire and Rubber Company (Goodyear) and Lee Tire Company (Lee) allege that the trial judge erred in ruling evidence relating to...
STATE v. MASTERS - 6/22/1992
Heard March 9, 1992.
Decided June 22, 1992.
Reh. Den. July 16, 1992.
Petitioner ("Masters") was convicted of driving under influence ("DUI"). The Court of Appeals upheld that conviction in State v. Larry Wayne...
STATE v. BREECH - 5/26/1992
Heard May 4, 1992.
Decided May 26, 1992.
Appellant ("Breech") appeals his conviction and sentence for driving under the influence of alcohol ("DUI"), second offense. We reverse and remand for resentencing for DUI first...
STATE v. STRANGE - 3/30/1992
Heard March 11, 1992.
Decided March 30, 1992.
Gary Wayne Strange appeals his conviction for driving under the influence. The issue on appeal relates to a jury charge. We affirm.
On September 2, 1990, around 1:30 a.m.,...
STATE v. SILVER - 2/24/1992
Heard Dec. 10, 1991; Decided Feb. 24, 1992.
Reh. Den. March 20, 1992.
Respondent, Ronald W. Silver, was convicted of driving under the influence by a municipal court jury. Silver appealed to the circuit court which reversed...
ARNETTE v. STATE - 1/13/1992
Submitted December 6, 1991.
Filed January 13, 1992.
We granted the State's petition for writ of certiorari to review the order of the postconviction relief (PCR) judge granting respondent Bryan Arnette a new trial. The...
STATE v. HALL - 11/12/1991
Heard Oct. 8, 1991.
Decided Nov. 12, 1991.
A jury convicted Timothy Wayne Hall of murder. During the trial, Hall sought to impeach the state's main witness, Gary Rabon, with Rabon's prior convictions. The convictions included...
STATE v. DOWD - 11/12/1991
Heard Oct. 7, 1991;
Decided Nov. 12, 1991.
Ronald W. Dowd (Dowd) appeals his conviction of resisting arrest. We affirm.
FACTS
Dowd was charged with driving under the influence after police officers were called...
STATE v. HUNTER - 10/14/1991
Submitted Aug. 15, 1991.
Decided Oct. 14, 1991.
Appellant was convicted of driving under the influence, and was sentenced to imprisonment of six months and fined $2,000.00. He asserts the trial judge erred in ruling that...
SHUMPERT v. SCDHPT - 10/7/1991
Heard June 11, 1991.
Decided Oct. 7, 1991.
This case involves the constitutionality of our Implied Consent Statute, S.C. Code Ann. § 56-5-2950 (1991). The question presented is whether the last sentence of Section...
BATTLE v. STATE - 9/23/1991
Submitted June 14, 1991; Decided Sept. 23, 1991.
Rehearing Denied Oct. 22, 1991.
We granted Elijah Battle's petition for writ of certiorari to review the denial of his application for post-conviction relief (PCR). The sole...
STATE v. DEGNAN - 8/12/1991
Heard Sept. 24, 1990.
Decided Aug. 12, 1991.
Bobbie Laney Degnan (Degnan) appeals her conviction for driving under the influence (DUI), first offense.
We affirm.
FACTS
On June 10, 1988, Degnan was arrested...
STATE v. JANSEN - 8/5/1991
Heard June 10, 1991.
Decided August 5, 1991.
This appeal involves the suppression of evidence in a DUI trial. At a pretrial hearing, the magistrate held that due to the police officers' failure to take all the precautions...
STATE v. GOODE - 7/8/1991
Heard April 15, 1991.
Decided July 8, 1991.
This is an appeal from a conviction on two counts of felony
Goode presents two arguments on appeal. First, he asserts the trial judge erred in allowing two highway patrol...
STATE v. RUSH - 6/24/1991
Submitted May 31, 1991.
Decided June 24, 1991.
Appellant challenges the constitutionality of Act No. 532, § 9, 1988 Acts 4644, which amended S.C. Code Ann. § 56-5-2940. We reject his arguments and affirm.
The...
HARPER v. S.C.D.H.P.T. - 6/24/1991
Heard April 23, 1991.
Decided June 24, 1991.
Appellant John R. Harper, II, appeals from a circuit court order upholding the revocation of his provisional driver's license by Respondent South Carolina Department of Highways...
JIVERS v. STATE - 6/10/1991
Submitted April 23, 1991.
Decided June 10, 1991.
We granted Johnny Lee Jivers' petition for writ of certiorari to review the denial of his application for Post-Conviction Relief (PCR). The only question presented is whether...
STATE v. CHANCE - 4/8/1991
Heard Feb. 6, 1991; Decided Apr. 8, 1991.
Rehearing Denied July 3, 1991.
Appellant was convicted of second offense driving under the influence (DUI). He was sentenced to a one-year term of imprisonment and fined $2,000,...
STATE v. ADAMS - 4/8/1991
Heard March 12, 1991; Decided April 8, 1991.
Rehearing Denied May 3, 1991.
Thomas K. Adams appeals the order of the Circuit Court affirming his conviction in the Magistrate's Court for driving under the influence. The...
STATE v. COLE - 4/1/1991
Heard November 13, 1990. Decided April 1, 1991.
Rehearing Denied April 30, 1991.
Appellant Roger Wayne Cole was convicted of driving under a suspended license, second offense, in violation of S.C. Code Ann. § 56-1-460...
STATE v. THOMPSON - 3/11/1991
Heard Jan. 17, 1991; Decided March 11, 1991.
Rehearing Denied April 11, 1991.
Appellant Larry Thompson was convicted by a jury of distribution of cocaine and sentenced to eighteen years imprisonment. We affirm.
On...
HORNE v. S.C.D.H.P.T. - 10/29/1990
Heard October 17, 1990.
Decided October 29, 1990.
William L. Horne appeals from a circuit court order affirming the decision of the South Carolina Department of Highways and Public Transportation to suspend for 90 days...
STATE v. EDWARDS - 10/8/1990
Submitted June 22, 1990.
Decided Oct. 8, 1990.
Appellant was convicted of driving under the influence (DUI), second offense. He contends that the trial court erred in sentencing him as a second offender under S.C. Code Ann....
STATE v. JACKSON - 9/17/1990
Heard May 23, 1990.
Decided Sept. 17, 1990.
The sole issue in this case is whether Jackson's due process rights were violated when he was prosecuted for driving
FACTS
On September 17, 1988, Stephen Pierce Jackson...
BENCHOFF v. MORGAN - 6/18/1990
Heard May 8, 1990.
Decided June 18, 1990.
Ronald F. Benchoff instituted this action against Mark Anthony Morgan and Otto J. Morgan seeking damages for injuries incurred when he was struck by an automobile driven by Mark...
STATE v. WILLIAMS - 5/29/1990
Heard April 17, 1990.
Decided May 29, 1990.
Appellant Michael Wayne Williams (Williams) was convicted of two counts of felony
We reverse and remand for a new trial.
FACTS
On June 8, 1987, the vehicle being...
STATE v. NATHARI - 4/30/1990
Decided April 30, 1990.
Abdul Nathari appeals from his conviction on two counts of felony We affirm.
Viewed in the light most favorable to the State, the facts are as follows. On March 7, 1987, Nathari, while...
STATE v. KINNER - 4/16/1990
Heard March 9, 1990.
Decided April 16, 1990.
Appellant Kevin Andrew Kinner was convicted of felony driving under the influence. He was sentenced to eight years imprisonment and fined $5,000. We affirm.
Appellant was...
STATE v. DABNEY - 4/16/1990
Heard, March 5, 1990.
Decided April 16, 1990.
Appellants pled guilty to or were convicted of driving under the influence (DUI). All had previous DUI convictions that they assert were erroneously used in calculating the...
JAMISON v. THE PANTRY - 4/16/1990
Heard March 13, 1990.
Decided April 16, 1990.
These personal injury actions against The Pantry, Inc., by Robert Jamison, Nellie W. Ruff, as administratrix of the estate of Opal Ruff, and Kyle Ruff arise out of an alleged...
S.C.D.M.H. v. STATE - 3/12/1990
Argued Oct. 5, 1988.
Decided March 12, 1990.
This is a juvenile proceeding out of which arose questions concerning the authority of the Family Court to commit children within its jurisdiction to the South Carolina...
SIMMONS v. WILLIAMSON - 12/18/1989
Heard Nov. 14, 1989.
Decided Dec. 18, 1989.
Appellant-respondent, Lavern T. Simmons, Administratrix of the Estate of Shuler Simmons, for the Estate and for herself as statutory beneficiary, brought an action against Thomas...
CROLLEY v. HUTCHINS - 12/18/1989
Heard Dec. 12, 1989.
Decided Dec. 18, 1989.
This is an action in negligence. Robert B. Crolley through his guardian ad litem, Janice B. Crolley, brought suit against Ed Hutchins seeking to recover damages for personal...
IN THE MATTER OF BRUCE - 12/11/1989
Submitted November 13, 1989.
Decided December 11, 1989.
Respondent, a Spartanburg County Magistrate, is charged with judicial misconduct, regarding a conviction on July 14, 1989, wherein the Respondent plead guilty to...
STATE v. ZAREMBA - 12/4/1989
Heard Oct. 19, 1989.
Decided Dec. 4, 1989.
Appellant, Gregory A. Zaremba (Zaremba) was convicted of driving under the influence (DUI). We affirm.
FACTS
On November 7, 1987, Zaremba was arrested for DUI, taken to...
STATE v. TANNER - 11/6/1989
Heard Oct. 2, 1989.
Decided Nov. 6, 1989.
Bennie Charles Tanner was arrested and charged with three counts of felony driving under the influence on June 26, 1987, in connection with an accident which occurred in Clarendon...
STATE v. TOMLIN - 9/5/1989
Heard May 1, 1989.
Decided Sept. 5, 1989.
The sole issue in this case involves the State's use of its peremptory challenges. Tomlin, a black woman, was charged with driving under the influence (second offense). During jury...
STATE v. FOWLER - 5/30/1989
Heard March 8, 1989.
Decided May 30, 1989.
South Carolina Code Ann. § 56-1-460 (Supp. 1988) assesses enhanced punishment to a motorist guilty of driving under suspension (DUS), when the suspension is based upon a conviction...
STATE v. OGLESBY - 5/15/1989
Heard March 21, 1989.
Decided May 15, 1989.
Appellant Jerry Lewis Oglesby was convicted of first degree criminal sexual conduct, first degree burglary, kidnapping and armed robbery. He was sentenced to life imprisonment for...
STATE v. WILSON - 8/1/1988
Heard May 2, 1988.
Decided Aug. 1, 1988.
Appellant Lawrence Wilson was convicted of driving under the influence (third offense) and sentenced to two years imprisonment. We affirm.
Trooper Paul Smith of the South...
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