Breath test thrown out in South Carolina senator's DUI case

CHARLESTON, S.C. (AP) — The driving under the influence case against a South Carolina state senator can go to trial, but the jury won't hear results of the lawmaker's breath-test that found he was over the legal limit to drive, a judge has ruled.

After registering 0.09 percent on the breath test shortly after a wreck Nov. 4, state Sen. Paul Campbell requested a blood test that was not administered, his lawyer said.

Under state law, a DUI suspect must be helped to a blood test if they request one, magistrate Elbert Duffie ruled this week.

Troopers charged Campbell after the vehicle he in rear-ended a car in traffic on Interstate 26 in Charleston on Nov. 4.