A judge in Columbia, S.C., recently threw out the results of a breath test taken by a defendant accused of driving under the influence. The arresting police officer had told the defendant to “blow hard” into the Datamaster breath analyzer machine. But scientists say that blowing hard can affect test results because the machine is calibrated for an even flow of air.
“Upon a totality of evidence review, I find that the accuracy, reliability, and/or fairness of the test and testing procedure were compromised by the improper process used to collect the breath sample,” the judge wrote.
Despite the ruling, South Carolina residents who are intent on driving under the influence cannot breathe easy. Lawmakers and state officials are cracking down on drunk drivers with more severe penalties and restrictions than ever before.
As the spring tourism season opens, police departments in coastal communities are stepping up enforcement of driving-under-the-influence laws to prevent South Carolina traffic accidents and injuries. Police officers are being assigned to monitor roadways for impaired drivers – especially during the Memorial Day, July 4th and Labor Day weekends
A North Charleston man is paying a deep price behind bars after his involvement in a fatal accident on Interstate 26 in March. The accident killed a 29-year-old mother, who left behind two young sons and a daughter.
Drivers stopped by a police officer in South Carolina of suspicion of driving under the influence must allow the officer to conduct a blood alcohol content test or they will have their licenses suspended. It is illegal for any driver to operate a vehicle in South Carolina with a BAC of .08 or higher. Drivers under the age of 21 may not operate a vehicle with a BAC level of .02 or higher.
Our South Carolina personal injury attorneys at Joye Law Firm encourage drivers to act responsibly and refrain from driving after drinking.