State v. Cuevas

CURETON, A.J.:

The State appeals the trial court’s suppression of Sergio Cuevas’s breath test results. We reverse and remand for trial.

FACTS

On August 18, 2001, Cuevas was the driver of a vehicle involved in a two-car accident, which left his victim with a broken leg. Officers gave Cuevas the implied consent warnings for felony DUI, as required by section 56-5-2945 of the South Carolina Code (Supp.2004). However, the officers did not advise Cuevas of his right to refuse the breath test.

Cuevas was indicted for driving under the influence resulting in great bodily injury and leaving the scene of…