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Articles from Our Charleston Attorneys about Family Law, DUI, Criminal Defense, Personal Injury Claims, and Other Legal Issues in South Carolina.

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Datamaster - Charleston DUI Lawyer

Don’t Blow Hard Into a Breathalyzer ▪ DUI Lawyer in Charleston


In defending DUI cases, our Charleston DUI attorneys occasionally have clients who were told by law enforcement to “blow hard” into a breath test machine. We know that law enforcement may be telling people to “blow hard” because, under South Carolina law, the breath test operator must make a video recording of the entire breath test.

In South Carolina, the breath testing device is the DMT Datamaster. According to the DMT Datamaster’s Owner’s Manual, the “best breath sample is produced by a continuous exhalation. It does not need to be a hard blow . . . .” Essentially, the DMT Datamaster’s programming is designed to read from a “smooth exhalation,” not a hard burst of air. Further, the manual warns the operator – “Do not tell the subject to blow ‘hard’”.

We have defended numerous cases where the subject did not appear impaired on the video, but the machine still produced a blood-alcohol reading greater than the “legal limit.” All too often, our clients’ legal fate hangs on these machines’ readings, and it is important to have a Charleston DUI lawyer who can appropriately challenge whether the reading was accurate. If you are facing a DUI in Charleston, and you were told to “blow hard” while giving a breath test sample, then the court may exclude any evidence of your breath test because blowing hard might produce inaccurate test results.

Free Book on DUI in South Carolina

DUI in South Carolina - Piecing It All Together

We literally wrote the book on DUI in South Carolina. “DUI in South Carolina – Piecing It All Together” was written by Stephan Futeral and Thomas Nelson as a free guide for drivers that has practical information on DUI laws and defense strategies including:

  • The Law of Driving Under the Influence (DUI)
  • The Law of Driving With An Unlawful Alcohol Concentration (DUAC)
  • The Legal Process
  • Your Rights Before, During, and After Arrest
  • Administrative Implied Consent Hearings
  • License Suspension Issues
  • Field Sobriety Tests Explained
  • Why Sober Drivers Fail Field Sobriety Tests
  • The DMT DataMaster Breath Test Machine
  • Blood Tests
  • Drug Recognition Experts
  • Penalties & Costs for a DUI
  • Types of Pleas
  • Preparing for Court
  • How the Prosecution Will Try to Convict You
  • How to be an Effective Witness

DOWNLOAD

Read it today on on your Mac®, your iPad®, or as a PDF version of the book. 

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DUI Attorney in Charleston, SC

If you’ve been charged with a DUI in Charleston, Dorchester, or Berkeley counties, call us for a free consultation. For more information, please visit our Charleston DUI Defense Services Page or our Charleston DUI Lawyers page.

CALL NOW

If you need a DUI lawyer in Charleston, SC, call Futeral & Nelson, LLC today for a free consultation. 843-284-5500.

CALL NOW

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