Lapp v. South Carolina Department of Motor Vehicles

This appeal arises from the suspension of Amy Lynn Lapp’s driver’s license by the Department of Motor Vehicles (Department) for refusing to submit to a breath test as required under section 56-5-2950 of the South Carolina Code (2006). The Division of Motor Vehicle Hearings (DMVH) sustained the suspension and the Administrative Law Court (ALC) affirmed. 1 On appeal, Lapp argues that the ALC erred in upholding the DMVH’s determination that probable cause existed to arrest her for driving under the influence (DUI). She also contends that her arrest was unlawful under section 56-5-6170 of the…