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
Image of a woman in a santa hat in the driver's seat of a car
National Drunk and Drugged Driving Prevention Month: How to Talk to Your Loved Ones About Driving Safe this Holiday Season

December marks National Drunk and Drugged Driving Prevention Month, a critical time for raising awareness about the dangers of impaired driving. With holiday celebrations increasing the risk of alcohol-related accidents, it’s vital to engage in open discussions with friends and…

What to Do in South Carolina: Staff Picks 11/28/23 – 12/4/23

As we usher in the holiday season, South Carolina is adorned with a myriad of festive events to spark joy and create lasting memories. Joye Law Firm, deeply rooted in the communities we serve, has handpicked some delightful happenings from…

Image of a group of friends in a car
Are Passengers or Drivers More Likely to be Injured in Crashes?

Riding in the passenger seat isn’t just about enjoying the view or controlling the playlist. When another person is behind the wheel, it can mean potential risks for you as a passenger. This is due to your positioning in the…

What to Do in South Carolina: Staff Picks 11/21/23 – 11/27/23

The holiday season is upon us, and Joye Law Firm is delighted to share handpicked events across South Carolina that promise festive fun for families and friends. From Charleston to Clinton, there’s something for everyone to enjoy this week! Charleston…

Awards & Recognition
Media
ABC
NBC
Fox
CBS News