Video Resources

Can the Accuracy of Breathalyzer or Blood Test Results Be Challenged in Court?

Can the Accuracy of Breathalyzer or Blood Test Results Be Challenged in Court?

Answer

Yes. The video discusses challenges based on improper administration, insufficient legal justification for testing, and errors that may affect the result. The appropriate challenge depends on how the evidence was obtained and tested.

Blood and breath testing evidence can be challenged in a South Carolina DUI case. One issue is whether the test was administered properly.

Another issue is whether officers had sufficient legal justification to obtain the test. Potential errors in the testing process may also affect the result.

A review of DUI testing evidence should consider both the procedure and the legal basis for obtaining it.