Supreme Court of South Carolina

State of South Carolina v. Key

September 2, 2020

Summary

The South Carolina Supreme Court vacated the circuit court's reversal of Key's DUI conviction and remanded the case to the summary court, holding that the State—not the defendant—bears the burden of proving exigent circumstances for a warrantless blood draw of an unconscious suspect. The court declined to adopt the Mitchell Court’s suggestion that defendants must show the absence of exigent circumstances.