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PEAKE v. DEPT. OF MOTOR VEHICLES

No. 4313.

375 S.C. 589 (2007)

654 S.E.2d 284

John D. PEAKE, Appellant, v. SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES, Respondent.

Court of Appeals of South Carolina.

Decided November 27, 2007.

Attorney(s) appearing for the Case

Timothy Clay Kulp, of Charleston, for appellant.

Frank L. Valenta, Jr., of Blythewood, and Philip S. Porter, of Columbia, for respondent.

ANDERSON, J.:

Following a single car accident, John D. Peake (Peake) was arrested at the hospital for driving under the influence. He refused to consent to a blood alcohol test and, as a result, the South Carolina Department of Motor Vehicles (the Department) suspended his driver's license. The suspension was affirmed at an administrative hearing and on appeal to the circuit court. We reverse.

FACTUAL/PROCEDURAL BACKGROUND

On February 5, 2005...

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