South Carolina Judge Throws Out DUI Over Police ‘Blow Hard’ Order

A defense lawyer says a ruling by a Columbia city judge could affect driving under the influence cases across South Carolina.

The judge threw out breath test results because the police officer told the suspect to blow hard into the Datamaster breath analyzer machine. Defense attorney Joe McCulloch said scientists testified that blowing hard can affect test results because the machine is calibrated for an even flow of air.

McCulloch said he hopes police departments around the state will pay attention to the ruling and stop asking suspects to do something that could impact the results of breath tests.

The South Carolina Criminal Justice Academy said it teaches officers to tell suspects to take a breath and blow as long as they can into the machine.