Challenging DataMaster DMT Breathalyzer Results in South Carolina DUI Cases

When you are arrested for a DUI in South Carolina, you will likely be taken to a police station or jail and asked to blow into a machine that looks like a small desktop computer. This machine is the DataMaster DMT. Under the state's implied consent law, S.C. Code Ann. § 56-5-2950, you are required to submit to a breath, blood, or urine test, and refusing can lead to an automatic license suspension. However, taking the test and blowing over the legal limit does not mean you are automatically guilty. The DataMaster DMT is a highly sensitive, fallible machine that must be operated strictly according to state law. By hiring a skilled local attorney from our US Lawyers Directory, you can aggressively challenge the accuracy and legality of your breath test results.

The Vulnerabilities of the DataMaster DMT in South Carolina

The results generated by the DataMaster DMT are only legally admissible in court if the officer and the machine perfectly followed the protocols established by the South Carolina Law Enforcement Division, Columbia. Finding a flaw in these protocols is one of the most effective ways to defend against a DUI.

The Mandatory 20-Minute Observation Period

Before you even blow into the machine, South Carolina law requires the testing officer to observe you continuously for a minimum of 20 minutes. This observation is critical. The officer must ensure that you do not eat, drink, smoke, vomit, or put anything in your mouth during this time. If the officer leaves the room, turns their back for an extended period, or starts doing paperwork and ignores you, they have violated protocol. If the mandatory 20-minute video shows the officer failing to observe you, the judge can throw the breath test result out entirely, a principle frequently upheld in cases similar to City of Rock Hill v. Suchenski, 374 S.C. 12 (SC Supreme Court 2007).

Mouth Alcohol Contamination: Burping and Hiccuping

The 20-minute wait period exists specifically to prevent 'mouth alcohol' contamination. The DataMaster DMT is designed to measure deep lung air. If you burp, hiccup, regurgitate, or have acid reflux right before blowing, alcohol from your stomach is pushed into your mouth. This raw alcohol vapor will trick the machine into producing a falsely high Blood Alcohol Concentration (BAC) reading. If your defense attorney can prove you burped on the video and the officer did not restart the 20-minute clock, the test is medically and legally invalid.

Checking SLED Calibration Logs and Maintenance Records

Every DataMaster DMT in South Carolina must be regularly inspected and calibrated by a certified SLED inspector. The machine performs internal diagnostic checks and runs simulator solutions to ensure accuracy. If the machine was showing error codes, radio frequency interference, or was overdue for its mandatory maintenance check when you were tested, the results are legally unreliable. A strong defense involves subpoenaing the specific machine's historical data logs.

Step-by-Step Guide to Challenging the Breath Test

Attacking breath test results is highly technical and requires a step-by-step investigation by a trained DUI defense attorney.

Step 1: Requesting the Breath Test Video

As mandated by S.C. Code Ann. § 56-5-2953, the entire breath test procedure must be video recorded. Your attorney will immediately file a motion for discovery to obtain this video. They will watch it meticulously to time the observation period and watch for any signs of burping or officer negligence.

Step 2: Subpoenaing Machine Error Codes

Your lawyer will demand the maintenance records for the specific DataMaster DMT used for your test. They will look for a history of 'Status Codes' or 'Fatal Errors' in the days leading up to your arrest. If the machine at the Berkeley County Magistrate Court, Moncks Corner or the Spartanburg Municipal Court, Spartanburg was malfunctioning, the state's evidence is severely weakened.

Step 3: Moving to Suppress the Evidence

If errors are found in the video observation or the machine's maintenance logs, your attorney will file a Motion to Suppress. If the judge grants this motion, the jury will never hear that you blew a 0.12% or 0.15%. Without the breath test, the prosecutor is left with only circumstantial evidence, which often leads to a favorable plea deal or a total dismissal of charges.

How Much Does it Cost to Fight a DUI in SC?

Challenging scientific evidence often involves significant legal work. Most DUI attorneys charge flat fees. A standard defense might range from $2,500 to $5,000. However, if your case goes to trial and requires your attorney to hire a toxicology expert or a former SLED machine inspector to testify on your behalf about the DataMaster's flaws, expert witness fees can add an additional $1,500 to $3,500 to your total legal costs.

How Long Does the DUI Process Take?

Obtaining the breath test room videos and SLED data downloads can take several months. A typical South Carolina DUI case where the breath test is aggressively challenged will generally take between 6 to 12 months to reach a suppression hearing or a jury trial. During this time, your lawyer can assist you with administrative hearings to try to restore your driving privileges.

Frequently Asked Questions (FAQ)