Lexington DUI Breath Tests

When a driver is suspected of a DUI, they may be subjected to taking a breath test. These breath tests are used to measure a person’s blood alcohol content (BAC) level. In South Carolina, instead of a breathalyzer, a breath-test machine called a DataMaster DMT is used in a DUI case. There are also different types of machines, brands, and manufacturers. Law enforcement and the courts believe that the DataMaster DMT produces valid and accurate results. However, like any type of machine, it is highly fallible. These breath tests can malfunction, especially if it is not updated.

The machine is calibrated at a 0.08 BAC level, but not for high BAC levels, so there is a margin of error there as to whether it is an accurate reading. On top of that, it does not analyze the alcohol in someone’s breath, it relies on certain particles with an infrared process. Therefore, there are many reasons why the breath test could lead to a false positive reading.

Read below to learn more about Lexington DUI breath tests. And if you are facing charges, consult with a skilled DUI lawyer who is experienced with building successful defenses.

Common Misconceptions About DataMaster DMT Devices

One of the misconceptions about DataMaster DMT devices is that it analyzes alcohol on the breath, but it does not do that. Instead, it analyzes particles on the person’s breath. It does not know the difference between alcohol and someone who has been working in a nail salon all day and ingesting chemicals. That is why it has an ability to be fallible and not provide an accurate reading, particularly based on electronics and whether it is properly calibrated and maintained.

Challenging a Breath Test Result

There are two ways someone can challenge a DataMaster DMT result in court. One way is by having an experienced lawyer who knows the science behind Lexington DUI breath tests. An accomplished attorney could conduct a great cross-examination of the officer related to the breath test’s underlying data. If the defendant can afford it, they can also hire an expert witness to testify on behalf of the defense to show that the rating is not accurate, and to challenge the validity of the breath test result and the admissibility of the breath-test reading. If that reading is not thrown out in court, then they can have that expert testify before the jury to put things in perspective so it can understand that the results should not be trusted.

Implied Consent

By driving on the state’s roads, people have impliedly consented to give a breath test if they are arrested for a DUI. Drivers have a right to refuse the breath test, but their driver’s license will be suspended for six months through the implied-consent provision. After a license suspension, they can apply within 30 days for a contested case hearing to get a temporary license.

If you have any questions about Lexington DUI breath tests and how an attorney could help you, call today. A seasoned defense lawyer could challenge the results of your tests and protect your rights.