South Carolina DUI Lawyer Blog

Would you buy a used car from this machine? I have uploaded for your review, reports of Charleston area breath machine “status codes.” These codes used to be called “error codes” but the state police changed the description.

Remember, these machines replaced the previous breath test machines even though there were not broken, as we say.

However, as brand new machines installed last February, you decide if things are going well. Charleston County Jail Report

In an almost Orwellian sense, the explanation offered for these “status code” reflections is that the error codes, sorry, status codes, mean the machine is working correctly since “it” tells you when it is not. “It?”

Concerns I find relevant include, why did the status occur? What prior or post tests that did not reflect a status were effected? How do we know? Are the codes evidence of a problem warranting more attention? Have any of the machines been sent back to the manufacturer for replacement? Or are the state police making repairs here in South Carolina documenting their work in one line reports like, “voltages checked and/or adjusted?“

In a simplistic sense, an analogy to a new car is unavoidable. Let's say the “check engine” light comes on in your car twelve or more times during the first year of ownership. Each time you take it to the dealer, the dealer assures you that this is a good thing. It doesn't mean that there is anything wrong with the car he says, since the car is telling you when there is something wrong with it. You say something about your expectation that a new car check engine light shouldn't come on at all, much less up to over 20 times. He takes you over to look at the new models.

The only difference is that evidence produced by the breath test machine is used in the prosecution of citizens in criminal proceedings.

Here is a look at a Mt. Pleasant machine's report. Mt. Pleasant Machine Report

Check out a few others.

The City of Charleston Machine Charleston City Police Machine

The Summerville City Machine
Summerville City Machine

The other Mt. Pleasant Machine
Mt. Pleasant Machine no. 2

The Isle of Palms Police Machine
Isle of Palms Machine

The other Charleston City Police Machine
Charleston City Machine no. 2

Charleston County Jail Machine no. 2
Charleston County Jail no. 2

This information is publicly available and was taken from the SLED website. You too can go there and conduct your own research.http://services.sled.sc.gov/ImpCon/LawyerBac.aspx Just pick a police department from the pull down list and select a date range. Then select ”status records“ or better yet, ”Inspection records.”

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.

Continue reading "Breath Test Device in Charleston and elsewhere in the state to Replace Current Machines" »