Supreme Court of South Carolina

State v. German

April 5, 2023

Summary

The Supreme Court of South Carolina affirmed the felony DUI conviction, holding that while section 56‑5‑2946 is facially constitutional, its application to a warrantless blood draw was unconstitutional because it lacked a valid consent exception. Nevertheless, the evidence was admitted under the good‑faith exception to the exclusionary rule, so the trial court’s denial of the motion to suppress was not erroneous.