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Home / Opinion Digests / Criminal Practice / Criminal Practice – Search & Seizure – DUI – Warrantless Blood Draw – Unconscious Defendant – Exigent Circumstances (access required)

Criminal Practice – Search & Seizure – DUI – Warrantless Blood Draw – Unconscious Defendant – Exigent Circumstances (access required)

Although the U.S. Supreme Court has held that there are almost always exigent circumstances justifying a warrantless blood draw when a DUI suspect is unconscious, South Carolina will still place the burden of proving exigent circumstances on the state. We vacate the circuit court’s decision, which overturned defendant’s conviction for driving under the influence. We remand ...

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