State v. Jansen

Toal, Justice;

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 necessary to insure a valid breathalyzer test, the defendant’s refusal to submit to that test was not admissible at trial. The circuit court judge affirmed the suppression, and the State appeals. We reverse.

FACTS

The defendant was arrested on December 22, 1989 at 1:00 a.m. and charged with driving under the influence. The defendant was transported to the Lexington County Detention Center to be given a…