State v. German

Syllabus

Appellant appeals her conviction for felony DUI resulting in death, arguing the circuit court erred in denying her motion to suppress BAC evidence obtained from a warrantless blood draw taken after her arrest. The Court of Appeals requested certification to the Supreme Court pursuant to Rule 204(B), SCACR. The Court will consider whether section 56-5-2946 of the South Carolina Code is constitutional and whether a warrantless blood draw is permissible as a search incident to arrest.