State v. Pipkin

Appellant (Pipkin) was convicted of driving under the influence, second offense. We reverse and remand for a new trial.

At 2:00 a.m. on April 20, 1986, City of Orangeburg Patrolman Anthony Gibson (Gibson) was dispatched to the scene of an accident involving Pipkin’s truck and another vehicle. During interrogation, Gibson smelled alcohol on Pipkin’s breath and noticed a slurring of his speech. After he failed a field sobriety test, Pipkin was placed under arrest and taken to the police station for a breathalyzer test.

At the station, the breathalyzer operator advised Pipkin of his rights,…