Drennan Law Firm Drennan Law Firm Dui & Traffic Law Center
843-352-4149 Free Consultation
COVID-19 Notice: Drennan Law Firm is fully operational in accordance with safety regulations provided by the CDC and local health officials. Our attorneys continue to provide quality legal representation and are available to discuss your case over the phone, email, or Apple FaceTime.

Taking a look at South Carolina's breath testing site mandates

Popular imagery of drunk driving arrests generally involves roadside field sobriety testing and breath tests. Although sobriety tests may come standard in South Carolina traffic stops for drunk driving, the breath test portion will probably look a little different.

Regulations from the South Carolina Law Enforcement Division, the agency responsible for maintaining the testing program, indicate that very specific conditions must be met for a breath-alcohol test to be administered.

As every new DataMaster DMT device is approved by state officials for testing, it must also meet the standards for location. The following are some of the basic requirements for a breath test site:

  • The testing device must be used in a climate that ranges between 65 and 80 degrees.
  • Testing sites must have a high-speed Internet connection and dedicated phone line.
  • Test sites must meet specific electrical and wiring standards.
  • Testing must be conducted in a secured building or van.

In other words, breath testing cannot be completed at the side of the road, largely because the conditions are too variable and many of the state requirements cannot be met. The idea is that having a stable, consistent environment for testing will yield reliable results.

For anyone who is arrested for driving under the influence and later subjected to a breath test, it will be important to ensure that the test was conducted in a facility or vehicle that meets all of these standards. Any breath test evidence that was collected in a matter that fails to meet this bar set by the state may not be considered admissible in a court of law.

No Comments

Leave a comment
Comment Information

Call Drennan Law Firm — Free Initial Consultation

Speak with a Charleston criminal lawyer today who will work with you directly, one-on-one.
Please call us at 843-352-4149 or email us to schedule a meeting or for prompt legal assistance.

Email Us 24/7 For Fast Answers

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Main Office
1350 Chuck Dawley Blvd
Mt. Pleasant, SC 29464

Toll Free: 888-722-6179
Phone: 843-352-4149
Phone: 843-606-2970
Fax: 843-606-2971
Mt. Pleasant Law Office Map

Branch Office
Local: 843-225-2384
Toll Free: 888-722-6179