Chisolm v. South Carolina Department of Motor Vehicles

Krystal Chisolm appeals the administrative suspension of her driver’s.license. On appeal, Chisolm argues the Administrative Law Court (ALC) erred by (1) interpreting the term “refusal” in section 56-5-2951 of the South Carolina Code (Supp.2012) in accordance with the State Law Enforcement Division’s (SLED) policies and procedures, and (2) -finding she refused the breath test. We reverse.

FACTS

On May 19, 2010, Officer Dyar Archibald arrested Chisolm for driving under the influence. Officer Archibald pulled Chisolm over because he had received a call that Chisolm’s cousin, a passenger in her…