Disclaimer - By publishing this information on this Blog site, the Charleston, South Carolina Law Office of Timothy Clay Kulp is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.
October 16, 2008

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.

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