DATAMASTER DMT

The breath testing machine used in South Carolina is the DataMaster DMT. While police and prosecutors swear by this machine, we do not. While officers routinely testify the DataMaster is reliable and accurate, we know better. Furthermore, they say the machine “tests itself” and shuts down if not working properly. Consequently, they trust the number it gives. We do not. Maybe we just don’t know enough about how the machine does its job. So we asked. In court, the usual response is how to operate the device. Not an actual explanation of how the DataMaster converts breath into a number.

So how does this machine/instrument actually work? First of all, the DataMaster uses a special liquid medium that expires. That’s all we know as the manufacturer won’t tell us anything else. Seems like they would want us to know. Rather, they say the “magical solution” is “proprietary.” Consequently, all we do know is you blow air through a tube, and the machine produces a number. That’s it. Nevertheless, prosecutors rely on this number and ask juries to convict DUI defendants based on this evidence. For more information on the DataMaster DMT, click here.

DATAMASTER BREATH TESTING: MACHINE OR INSTRUMENT

One of the first issues at trial is whether the DataMaster is a “machine” or an “instrument.” While most prosecutors prefer “instrument,” we know it is just “machine.” When officers object, we ask them to explain the difference. The officer will usually first appear puzzled and then respond that the latter term was given during their training. I suppose “instrument” sounds more “scientific.” And therefore, perhaps it is more reliable. But alas, a rose by any other name…

BAC READINGS AND VIDEO EVIDENCE

Much as prosecutors rely on breath testing numbers, we look to video evidence for truth. Hence, in high BAC cases, we focus on whether you truly appear intoxicated. If you don’t, we ask the jury to disregard the number. While in lower BAC level cases, we concentrate on breath testing “science” and “margin of error” issues. Given the testing variances allowed, we argue reasonable doubt exists in close cases.

Most of all, regardless of any number, juries decide cases on what they see and hear on video. Maybe that’s the best way in the end. Because breath testing “science” is so conflicting, simply watching a video makes it easier to decide. And more fair. So thank goodness South Carolina has mandatory video evidence laws. As a result, both sides have an equal opportunity for justice. Of course, we only care about your side. That’s our job.

IS THE DATAMASTER DMT RIGHT EVERY TIME?

Of course not. No machine is right 100% of the time. Rather, all machines have a margin of error. And even properly serviced and maintained, they can still fail. While the State never likes to admit this fact, we all know it’s true. That’s why we have service technicians. Nevertheless, at trial, prosecutors usually put on a long presentation on breath testing and the DataMaster. Yet when asked basic questions about how old the machine is, they do not know. Then, they challenge what difference it makes if serviced properly. Here’s why it matters. As cars (machines) get older, they need more service but can still fail. It’s the same with the DataMaster. Maybe that is reasonable doubt as well.

For more information about breath testing in your DUI case, call  Robert J. Reeves directly on his mobile phone 803-554-4157 or email him . He will answer your questions and see what can be done to help. Because every case is different, little facts can make a big difference in outcome. Call now and let’s start your defense.