Breath Test Device in Charleston and elsewhere in the state to Replace Current Machines
The old rule provides that ”if it ain't broke, don't fix it.“
Well, SLED (the South Carolina Law Enforcement Division), is in the process of replacing hundreds of breath testing devices that have been in use for over fifteen years. In the early 1990's the BAC Datamaster was introduced. As a device incorporating the science of infrared spectroscopy, the machine was touted at introduction as infallible.
However, over the years of its use, the accuracy of the device has been challenged repeatedly. Arguments have been made that statutory requirements that repair and maintenance records for the devices were not followed. Hundreds of error or “status” codes were recorded.
Efforts to obtain the source code software for the analytical function of the device have been met with resistance. In fact, other breath alcohol test device companies used in other states have taken the same posture. The assertion by the companies is that there need be no independent testing of the computer code that produces a breath alcohol test result which is used as evidence against a citizen in a criminal prosecution.
With the introduction of the new device, it may very well be the case that a device used to obtain thousands of breath alcohol test readings in South Carolina for over fifteen years will never be thoroughly and independently tested.
This device cost the taxpayers of South Carolina $6,0000 to 8,000 per unit. Ebay listings have offered the device for a few hundred dollars of late.
The question remaining to be answered is whether the analytical software source code for the “replacement” device will be made available for independent software engineered testing.
