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LEVINER v. DEPT. OF HWYS. & PUB. TRANSP.

No. 23958.

438 S.E.2d 246 (1993)

Joseph W. LEVINER, Jr., Appellant, v. SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANPORTATION, a duly constituted agency of the State of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided December 6, 1993.

Rehearing Denied January 5, 1994.

Attorney(s) appearing for the Case

M.M. Weinberg, III, of Weinberg, Brown, McDougall, and McMillan, Sumter, for appellant.

Joseph H. Lumpkin, Jr., Asst. Chief Counsel, of S.C. Department of Highways and Public Transp., Columbia, for respondent.

HARWELL, Chief Justice:

Joseph W. Leviner, Jr. (Leviner) contends that the trial judge erred in ruling that an initial refusal to submit to a breathalyzer test is not cured or nullified by a subsequent request to take the test. We disagree and affirm.

I. Facts

Leviner was arrested for driving under the influence by a South Carolina Highway Patrol Trooper and transported to the Sumter County Correctional Center to receive a breathalyzer test...

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