(A) If a law enforcement officer has probable cause to believe that a person used a firearm while under the influence of alcohol or a controlled substance and caused the death or serious bodily injury of an individual, the person shall submit, upon the request of the law enforcement officer, to a test of his blood for the purpose of determining its alcohol content or for the presence of a controlled substance.
(B) A criminal charge resulting from the incident precipitating the officer's demand for testing should be tried concurrently with a charge of a violation of Section 23-31-400. If the charges are tried separately, the fact that the person refused, resisted, obstructed, or opposed testing is admissible at the trial of the criminal offense which precipitated the demand for testing.
(C) The results of any test administered pursuant to this section for the purpose of detecting the presence of a controlled substance is not admissible as evidence in a criminal prosecution for the possession of a controlled substance.
Notwithstanding another provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for such information.
HISTORY: 1996 Act No. 464, Section 2.
Structure South Carolina Code of Laws
Title 23 - Law Enforcement and Public Safety
Section 23-31-10. Purchase of rifle or shotgun in another state.
Section 23-31-20. Purchase of rifle or shotgun in this State by resident of any state.
Section 23-31-110 to 23-31-200. Repealed by 2012 Act No. 285, Section 2, eff June 29, 2012.
Section 23-31-210. Definitions.
Section 23-31-215. Issuance of permits.
Section 23-31-216. Collection and retention of fees.
Section 23-31-217. Effect on Section 16-23-20.
Section 23-31-220. Right to allow or permit concealed weapons upon premises; signs.
Section 23-31-225. Carrying concealed weapons into residences or dwellings.
Section 23-31-230. Carrying concealed weapons between automobile and accommodation.
Section 23-31-232. Carrying concealable weapons on premises of certain schools leased by churches.
Section 23-31-235. Sign requirements.
Section 23-31-240. Persons allowed to carry concealable weapons within the State.
Section 23-31-310. Definitions.
Section 23-31-320. Exceptions to application of article.
Section 23-31-350. Article not applicable to antique firearms.
Section 23-31-400. Definitions; unlawful use of firearm; violations.
Section 23-31-410. Blood and urine testing.
Section 23-31-420. Presumptions.
Section 23-31-1010. Definitions.
Section 23-31-1050. Definitions for Sections 23-31-1030 and 23-31-1040.