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STATE v. HILTON

No. 5178.

406 S.C. 580 (2013)

752 S.E.2d 549

The STATE, Appellant, v. Michael J. HILTON, Respondent.

Court of Appeals of South Carolina.

Decided October 30, 2013.

Rehearing Denied December 31, 2013.

Attorney(s) appearing for the Case

Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing , both of Columbia, for Appellant.

Richard A. Harpootlian , M. David Scott , and Graham L. Newman , all of Richard A. Harpootlian, PA, of Columbia, for Respondent.

CURETON, A.J.

This appeal arises from Michael Hilton's indictment for one count of felony driving under the influence resulting in a death and one count of felony driving under the influence resulting in great bodily injury. Prior to trial, the circuit court suppressed the results of a breathalyzer test. On appeal, the State argues the circuit court erred by (1) retroactively applying a statutory change to the implied consent statute and

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