State v. Smith

James Weldon Smith (Smith) was found guilty of Second Offense Driving Under the Influence at a jury trial. He was sentenced to one year in prison and fined $1,000, suspended upon service of 90 days and payment of a $500 fine.

We reverse and remand for a new trial.

FACTS

Smith was stopped for weaving on Interstate 20 in Kershaw County. The arresting officer testified that Smith appeared to be under the influence of alcohol. He was taken to jail and given a “breathalyzer” test. The results were admitted into evidence at trial.

During the jury instruction, the trial judge stated:

The legislature has…