Felony DUI, Blood Samples, and Chain of Custody
In a recent SC Court of Appeals case, State v. Rowell, the court had to analyze the chain of custody of several blood samples from the...
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Daniel Coble
- Feb 9, 2021
DUI Flowchart
I am working on a Magistrate Court CLE and one topic will be DUIs. These are two flowcharts I have created to give a general overview of...
Daniel Coble
- Sep 2, 2020
Update: Warrantless Blood Search and Burden Shifting
The South Carolina Supreme Court handed down a case today, State v. Key, that was decided earlier this year. In this case, Justice Few...
Daniel Coble
- May 27, 2020
SCOTUS and Warrantless Blood Draws DUI
State v. Key ***This is not legal advice***
Daniel Coble
- May 20, 2020
Blood Collection is a Search
"It is settled that the collection of a person's blood for BAC testing is a search and a seizure under the Fourth Amendment." State v. Key
Daniel Coble
- May 14, 2020
Justice Sotomayor's Dissent and Burden Shifting
In the previous blog post, I discussed the new SC Supreme Court case State v. Key. This case seems to follow the dissent in Mitchell...
Daniel Coble
- May 14, 2020
DUI: Warrantless blood searches and burden shifting
Last year, the US Supreme Court handed down a case that dealt with DUIs and warrantless blood searches, Mitchell v. Wisconsin. In short,...
Daniel Coble
- Mar 25, 2020
DUI Checkpoint: must make it to checkpoint
State v. Williams, 417 S.C. 209, 220, 789 S.E.2d 582, 588 (Ct. App. 2016)
Daniel Coble
- Feb 6, 2020
New DUI case in South Carolina
The S.C. Supreme Court recently handed down a case on DUI and exigent circumstances. The basic facts: a defendant crossed the yellow...
Daniel Coble
- Jun 27, 2019
U.S. Supreme Ct: Warrantless Searches and DUI
In a big case out of the U.S. Supreme Court, Justice Alito held that law enforcement may almost always get a blood test without a warrant...
Daniel Coble
- Jun 23, 2019
DUI: Miranda must be videotaped unless...
Because DUI law can sometimes be complicated, it is always nice when a case comes out that gives some guidance. In State v. Kinard, the...
Daniel Coble
- May 23, 2019
Noncompliance: 2953 vs. 2950 (DUI)
In my book Deconstructing the DUI, I wrote one chapter about noncompliance with 2953 vs noncompliance with 2950. As way of background:...
Daniel Coble
- Feb 6, 2019
'It's not being offered for the truth' is the courtroom equivalent of 'it's not about the money.'
👆🏻 A great line by Judge Hill in his dissenting opinion. To be sure, there are times when out-of-court statements may be admitted for...
Daniel Coble
- Jan 2, 2019
Elements of a DUI: Materially and appreciably impaired
Materially and appreciably impaired On one hand, a defendant does not have to be drunk in order to have his faculties materially and...