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TO AMEND SECTION 56-5-2948 OF THE 1976 CODE, RELATING TO FIELD SOBRIETY TESTS, TO PROVIDE NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN INVESTIGATING LAW ENFORCEMENT OFFICER SUSPECTS A PERSON CAUSED A MOTOR VEHICLE INCIDENT RESULTING IN THE DEATH OF ANOTHER PERSON, AND THE DRIVER IS PHYSICALLY UNABLE TO SUBMIT TO A FIELD SOBRIETY TEST ON THE SCENE OF THE INCIDENT, THE DRIVER MUST SUBMIT TO EITHER ONE OR A COMBINATION OF CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR THE PURPOSE OF DETERMINING THE PRESENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2948 is amended to read:
"Section 56-5-2948. (A) When an investigating law enforcement officer suspects a person caused is suspected of causing a motor vehicle incident resulting in the death of another person by the investigating law enforcement officer on the scene of the incident, the driver must submit to field sobriety tests if he is physically able to do so.
(B) Notwithstanding any other provision of law, when an investigating law enforcement officer suspects a person caused a motor vehicle incident resulting in the death of another person, and the driver is physically unable to submit to a field sobriety test on the scene of the incident, the driver must submit to either one or a combination of chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol, drugs, or a combination of alcohol and drugs."
SECTION 2. This act takes effect upon approval by the Governor.
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