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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:
2950 is the implied consent statute. This essentially means that if you drive a motor vehicle in South Carolina, you are giving consent to have your blood, breath, or urine chemically tested for alcohol or drugs. This section lays out certain procedures that must be followed.
2953 is the incident site/breath test site recording requirement. It requires that the arresting officer record the incident site and the breath test site as well as several other requirements.
2950 and 2953 overlap in some areas.
So what happens if the State does not comply with 2953? Based on Suchenski, it appears that it would be dismissal because 2953 is required.
But 2950 is silent as to a remedy for noncompliance. This is what I said in my book:
And now we have a new opinion from the South Carolina Supreme Court that seems to back me up on this. From Justice Few:
