State v. Lewis

Rhodes, Justice.

This is an appeal from the lower court’s denial of a motion by appellant-defendant, Harry Lewis, to dismiss the prosecution because law enforcement officers refused to affirmatively assist him in obtaining a blood test after he refused to take a breathalyzer test. We affirm.

Lewis was arrested in Florence County for driving under the influence of intoxicating liquors. He was taken to the Florence County Jail and asked to submit to a breathalyzer test. Lewis refused to take the test and asked for a blood test instead. The breathalyzer operator, Patrolman Harrelson, told Lewis…