South Carolina’s implied consent framework is part of the legal background for chemical testing in DUI cases. The video explains that this framework is subject to constitutional limits.
Consent and the circumstances of the blood draw matter. The attorney discusses an unconscious person after a collision as an example that raises questions about the legal authority to draw blood without voluntary consent.
Whether a warrant was required must be evaluated under the circumstances and applicable law. Examining that authority is part of reviewing blood evidence in a DUI drugs case.