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STATE v. BAKER

23814

310 S.C. 510 (1993)

427 S.E.2d 670

The STATE, Respondent v. Ernest Eugene BAKER, Appellant.

Supreme Court of South Carolina.

Decided February 22, 1993.

Rehearing Denied March 23, 1993.

Attorney(s) appearing for the Case

Wayne Floyd, West Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Asst. Atty. Gen. Harold M. Coombs, Jr., and Staff Atty. Alexandria Broughton Skinner, Columbia, and Donald V. Myers, Sol., Lexington, for respondent.

Heard Jan. 18, 1993;

Decided Feb. 22, 1993.

Reh. Den. March 23, 1993.

HARWELL, Chief Justice:

Appellant Ernest Eugene Baker was convicted of driving under the influence (DUI), second offense. He contends, among other things, that the State should have been precluded from prosecuting his case because it failed to offer him a breath test when he was arrested. We disagree and affirm.

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