A Columbia, South Carolina police officer is reported to have “blown” a DUI case when he failed to follow the proper breathalyzer test procedure. An order was therefore issued stating that the breath test results could not be used as evidence in trial. The reason being, that the officer ordered the suspect to “blow hard” when he was administering the test.
During the administration of the test, the officer ordered the man to “blow hard” several times; however, the instructions for the devise advise against that stating that uneven breaths can tamper with the results. Therefore, such an instruction is considered to be improper.
So, why are we discussing this right now? The reason is that this order may affect other DUI cases. This order may cause other defense attorneys to take a look at the procedure used to administer such breath tests. The hope is that prosecutors throughout the state will notice this, and ensure that proper breathalyzer procedure is followed.
The science of the machine notes that the most accurate results of the test come from deep lung air. Officers are taught to ensure that suspects blow as long as they can into the machine, not as hard as they can. Therefore, if you have been charged with a DUI, and you suspect the results are skewed as a result of an improper administration of the breathalyzer test, call the law offices of Reeves, Aiken & Hightower, LLP. We have experienced attorneys who understand the inner-workings of the testing system. For a consultation, call our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.