Court of Appeals of South Carolina December 11, 2000, 3269 (State v. Rowlands)

GOOLSBY, Judge:

The magistrate’s court dismissed a driving under the influence charge against Michelle A. Rowlands on the basis of double jeopardy. The circuit court affirmed. The State appeals, arguing Rowland’s prosecution is not barred by double jeopardy and the circuit court erred in affirming the magistrate’s exclusion of evidence that Rowlands refused to take a blood test. We affirm.