Yea but he's still screwed. In most, if not all states, if a person is involved in an accident that results in death or great bodily harm AND there is reasonable suspicion to believe that the driver is under the influence of drugs or alcohol they cannot refuse a chemical test. I have personally held a person down while a doctor drew blood AND inserted a urinary catheter to get a sample that was sent to a lab for processing. This was after the driver hit a tree (while drunk) and killed a family member in the passenger seat.
So when the lab results come back they will hammer this guy.
Unfortunately history shows that in Myrtle Beach there are two standards--- 1 for the public and 1 for the government and policing authorities.
My sense is that this will either get buried or there will be some sort of "hand slap" punishment.
Knowing this if I were the family, I would hire a great personal injury attorney and litigate his a.. off!!
Of couse if the Feds get involved then it just may come out right.