The S.C. Supreme Court has denied an appeal by former Myrtle Beach restaurant owner Michael Hilton to throw out results from a Breathalyzer test related to a felony DUI involving death charge.
Hilton was charged with felony DUI during the May 2008 Harley Davidson Bike Rally when he failed to yield the right of way and turned in the path of a bike driven by Angelo Gonzalez. Gonzalez died from injuries suffered during the wreck and his passenger, Suzie Reader, remains disabled from injuries suffered in the accident.
In 2009, the General Assembly changed the DUI law to require the test to be administered within two hours of an accident. Lawyers for Hilton tried to use this change in state law to get the Breathalyzer evidence thrown out. They were successful at the district court level, but lost at both the Appeals and Supreme Court levels.