Order to 'blow hard' gets DUI test thrown out

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by The Associated Press

WCNC.com

Posted on March 13, 2013 at 6:27 PM

COLUMBIA, S.C. (AP) -- 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 says scientists testified that blowing hard can affect test results because the machine is calibrated for an even flow of air. 

McCulloch says 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 says it teaches officers to tell suspects to take a breath and blow as long as they can into the machine.
 

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