CHARLESTON, SC (WIS) - New video has surfaced of state Senator Randy Scott the night he was arrested and charged with drunk driving.
You can see the senator taking a breathalyzer test, but the results were not used.
Our sister station in Charleston sat down with his attorneys who say this tape will prove Senator Scott's innocence.
As state Senator Randy Scott waits to take a Datamaster breath test he's read his rights, you can hear the senator ask for his attorney repeatedly.
Senator Scott: Why couldn't I call him before the test started?
Deputy: Is he going to come down here?
Scott: You're damn right he will. I can call Reese Joye. He'd be down here in a few minutes.
The sheriff's office says Scott was a belligerent man. Attorney Drew Carroll, who is working with Reese Joye in Scott's defense, says it's a man who's angry he's not given the chance to exercise his rights.
"He comprehended what the deputy said to him, and he immediately evoked that right, and that's the kind of thing somebody who's impaired doesn't do," says Carroll.
The deputy tells Scott he can't call his lawyer because the test has already begun.
Minutes later the deputy asks Scott to blow into the Datamaster machine to test his blood alcohol content.
Deputy: You're not blowing hard enough.
Scott: I'm blowing as hard as I can blow.
Deputy: You've got to blow until it stops blinking.
Scott: We'll I can't help it.
The Sheriff's deputy reported Scott refused to take a breath test, but Carroll says that's untrue.
"The tones on this machine show Senator Scott was attempting to provide a breath sample," Carroll says. "The deputy should have allowed him to blow a second test."
The defense says they also have proof that the Senator wasn't intoxicated as he stumbled in the deputy dash-cam video.
The dashboard cam shows Senator Scott parked in a driveway off Froman Road. His attorney says the reason why he stumbles in the video is because the drive way is cracked, not because he was intoxicated.
Scott's defense says they're ready to try this case as early as tomorrow, saying the proof of his innocence is in the pictures.
Authorities say Senator Scott's breath test automatically registered as a refusal to take the breath test because there was not enough air.
Officials say the officer made the decision not to give Scott a second test because of the amount of time that had passed.
Reported by Nicole Johnson