If you’ve been stopped for suspected DUI in South Carolina, there’s a good chance you remember the breath test. Sometimes, you are asked to take more than one.
Was the first breath test the “real” one? Why was another test done later? And if the numbers were different, which one actually matters?
There is a difference between a PBT and a DataMaster in South Carolina. One is used during the roadside investigation, while the other is a formal breath test after an arrest. Here is what these tests can mean for your potential DUI case.
What Is a PBT?
The PBT is called the preliminary breath test. It is a handheld device an officer may use during a traffic stop. If an officer thinks that you’ve been drinking, you may be asked to provide a breath sample into the device as part of a field sobriety test.
The test can tell the officer whether alcohol is present. Plus, it can become one piece of the investigation. But a PBT is not the same as a formal breath test.
Officers use it during the investigative stage. The officer may also be looking at how you were driving, how you performed during field sobriety tests, what you said, and other circumstances surrounding the stop.
So, if you took a PBT on the side of the road, that was not the final word on your blood alcohol concentration. It was one part of the case.
What Is a DataMaster?
After a DUI arrest, South Carolina’s implied consent law allows for chemical testing of a person’s breath, blood, or urine if suspected of DUI. When a breath test is administered, the DataMaster is part of that formal testing process.
Unlike a quick roadside PBT, this is an evidentiary test. South Carolina’s Law Enforcement Division (SLED) oversees the state’s breath-testing program, including the certification, inspection, repair, and maintenance of equipment. SLED also keeps records of DataMaster equipment and breath tests. This can be important if you want to challenge any of this evidence in the future.
There are requirements surrounding the formal breath test. For example, South Carolina law requires that the breath sample must be collected within two hours of the arrest. The test must be administered by someone who has been properly trained and certified. Also, a simulator test must be conducted before the breath test using a specified alcohol concentration and acceptable range.
Why Are There Two Different Breath Tests?
While it can seem strange to blow into one device during a traffic stop and then another one after you’re arrested, these two tests are not duplicates.
The PBT and other roadside tests help the officer decide what to do next. However, the Datamaster test is conducted under South Carolina’s implied consent procedures to provide an evidentiary breath alcohol result.
The tests have different purposes, and there may be other explanations for differences in the results.
Can a DataMaster Result Be Challenged?
South Carolina law allows a person charged with DUI to challenge parts of the chemical testing process. That can include questions about:
- Whether the arrest was lawful
- Whether the required procedures were followed
- Whether the person administering the test was properly qualified
- Whether the equipment was functioning properly.
When you work with an experienced South Carolina DUI defense attorney, they may also look at the bigger picture. This can include everything from the facts of the traffic stop to whether the equipment was calibrated.
Yes, the breath test number is important, but it’s not the only piece of evidence that is important in these cases.
Which Refusal Can Lead to a License Suspension?
Refusing the Datamaster test carries the highest consequences. The South Carolina Department of Public Safety states that a refusal can result in a 90-day suspension for a driver age 21 or older. There are longer penalties in certain situations involving a prior alcohol-related conviction or suspension.
Have Questions About a South Carolina DUI?
What is the difference between a PBT and a Datamaster in South Carolina? These are two separate tests. Getting a DUI charge can be confusing, especially when you’re looking at paperwork filled with unfamiliar terms and numbers.
At Truslow & Truslow PA, we’ll review the whole picture, including the traffic stop, breath testing, field sobriety testing, video evidence, and other details of your case. If you’ve been charged with DUI, reach out today to discuss your case.