State v. Sawyer

The Court granted the State’s petition for a writ of certiorari to review an unpublished Court of Appeals decision that affirmed the circuit court’s suppression of respondent’s breath test results and video in this prosecution for driving under the influence (DUI). State v. Sawyer, 2011-UP-263, 2011 WL 11734636 (S.C. Ct.App. filed June 7, 2011). We affirm, holding that a videotape from the breath test site that lacks the audio portion of the reading of Miranda rights and the informed *477consent law did not satisfy the requirements of S.C.Code Ann. § 56-5-2953(A)(2) (2006).1

FACTS

In September…