Breath test responsibilities on law enforcement

If you are one of the many responsible citizens of South Carolina who has ever been questioned by law enforcement about potential drunk driving, you may well have been asked to submit to a breath test. The state does have what is called an implied consent law which means that anyone who accepts a driver's license in essence agrees to provide a breath sample when requested. However, this does not mean that every breath test is completely accurate or that a result over the 0.08 percent legal limit guarantees you will be convicted of driving under the influence. 

As explained by the South Carolina Code of Laws, law enforcement officials and departments in the state have several responsibilities when it comes to the process of and equipment used in breath test collection and measurement for DUI cases. While the South Carolina Law Enforcement Division, also referred to as SLED, has the right to select the products used in breath tests it is also required to maintain the equipment.

This includes having products certified initially and then maintained on a regular cadence. There is a set schedule by which every device must be inspected and calibrated. All records supporting this ongoing maintenance and any repairs are supposed to be kept for a period of 60 months.

If you would like to learn more about breath samples and tests used during a drunk driving investigation and prosecution, please feel free to visit the drunk driving defense page of our South Carolina criminal defense website.

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