After people have been administered the Standardized Field Sobriety Tests, they will often find themselves handcuffed and transported to a law enforcement center for the purpose of a breathalyzer test. In South Carolina, all blood alcohol analysis by breath is done on Datamaster machines, which are owned and maintained by the South Carolina Law Enforcement Division (SLED). The intent of these machines is to determine the how much alcohol is in your blood stream.
However, there are two common misconceptions among clients regarding how Spartanburg, SC handles blood alcohol testing:
1. If I blow into the Datamaster, and I read below .08, I am okay:
NOT TRUE! Under the South Carolina statute, if you read at or above a .08, under South Carolina Law it may be inferred that you were driving impaired. If you read below .05, then you are definitively presumed not to be impaired. However, in the .05 -.08 range, there is no presumption as to your level of impairment. Instead, the State will bring all other applicable evidence in an attempt to show that you were impaired (i.e. the Standardized Field Sobriety Test “results”).
2. The Datamaster is ALWAYS accurate.
NOT TRUE!. The Datamaster is a machine. As with most machines, it is imperfect. The Datamaster needs to be properly maintained and calibrated. As parts wear they must be replaced. Additionally, the Datamaster operator must follow the correct protocol in order for the test to be even arguably accurate. The records and evidence must be examined for each and every case in order to determine whether the results are 100% accurate.
In reality each and every case involving a Datamaster reading is different, and each case requires a thorough investigation of the machine’s maintenance and calibration records to achieve the best result. John Bateman is your ally and wants to help navigate you through all the the complex and overwhelming information for a DUI in Spartanburg, SC.
Call John Bateman in Spartanburg today at 864-402-2556 for a FREE case evaluation, or contact us through the form on this website.