Challenging DUI Breath Tests ▪ Mt. Pleasant DUI Lawyer

Over the years that our lawyers have defended DUI’s in Mt. Pleasant, Charleston and elsewhere, the majority of cases we deal with involve the use of the Data Master DMT breath test. Using the results of the Datamaster DMT, the prosecution tries to introduce evidence that the driver was physically or mentally impaired as shown by the driver’s Blood Alcohol Content (BAC). In most DUI cases, after the driver is arrested, he or she is given the opportunity to “blow” into the DataMaster (DMT). If the sample registers .08% BAC or higher, the jury is allowed to infer that the subject was under the influence of alcohol. However, the Datamaster is not perfect, and a skilled DUI lawyer  can challenge the results of the breath test.

One way to challenge the Datamaster results is through a “Landon” motion. If a Mt. Pleasant DUI lawyer can show the existence of malfunctions, repairs, complaints, or other problems regarding the Datamaster machine that occurred close in time to when the driver took the test, then the defense may be entitled to an evidentiary hearing on the admissibility of the breath results. At this hearing, the prosecution must then prove that the machine was working properly at the time of the test. However, the fact that the machine registers a series of self checks every time a test is run may constitute enough evidence that the machine was working properly if enough tests were run between the time of the problem with the machine and the time of the driver’s test. In all, knowing what records to look for regarding the Datamaster, how to understand and interpret those records, and how to properly make a “Landon” motion is a vital part of any DUI defense.

This FREE book for drivers has practical information on South Carolina’s laws and effective defense strategies including the laws of DUI & DUAC, the legal procedures, implied consent hearings, field sobriety tests, the DMT DataMaster breath test machine, the penalties & costs for a DUI, how to be an effective witness, and much more.

Charleston DUI Attorneys

If you are charged with DUI in Charleston, contact the attorneys at Futeral & Nelson.

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