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.

About the Author

Mark Joye is the Head of the Litigation Department at the Joye Law Firm. A Board-Certified Trial Advocate with nearly 30 years of litigation experience, he currently serves on the Board of Governors for the American Association for Justice and is a past president of the South Carolina Association for Justice. In a recent trial, Joye headed a trial team that secured $17 million for a family killed in a tractor-trailer accident.

Recent Blog Post
Why Can’t I Use My Own Doctor on Workers’ Comp?

Workers’ compensation can help you recover lost wages and pay for causally related medical expenses if you are injured in a workplace accident. Knowing what to do if you suffer an injury on the job is vital to ensuring you…

surgery instruments
Workers’ Comp Settlement After Surgery

It is not unusual for an injury suffered in a job-site accident to require surgery. For most workers employed in South Carolina, the state’s workers’ compensation system should pay for surgery related to any injury suffered in a workplace accident….

3 Ways Trucking Companies Break the Law and Cause Crashes

The trucking industry forms the backbone of America’s freight transportation, with over 38.9 million vehicles moving over 72% of the nation’s freight in 2021. However, statistics compiled by the Insurance Institute for Highway Safety (IIHS) also reveal accidents involving large…

How Long Does It Take to Get My Workers’ Comp Check?

If your workplace injury prevents you from working, discovering that your workers’ compensation claim was approved can be a huge relief. However, checks for lost wages are rarely issued immediately, often leaving injured workers struggling to pay bills after an…

Awards & Recognition
Media
CBS News
Fox
NBC
ABC