Kelly v. South Carolina Department of Highways

Goolsby, Judge:

This is an appeal by Bruce Wade Kelly under S.C. Code Ann. § 1-23-380 (1986 and Supp. 1995) of an administrative de*336cisión by the South Carolina Department of Highways to suspend Kelly’s driving privileges because of his refusal to take a breathalyzer test. The circuit court affirmed the suspension. We do likewise.1

Kelly was arrested for driving under the influence within the city limits of Newberry, South Carolina, by a Newberry city police officer. The arresting officer took him to the New-berry County Detention Center for a breathalyzer test; however, there was no operable…