INVESTIGATION REVEALS GROSS INACCURACIES IN DUI BREATH TEST DEVICES
From the early Drunkometerprotypes to today’s purportedly sophisticated breathalyzers, the police have been administering breath tests on suspected drunk drivers for decades and millions have been arrested on the results of these devices. A recent New York Times investigationrevealed that the alcohol breath tests devices used by law enforcement across the county are often unreliable and inaccurate. The study should have sent shockwaves through police departments and courts everywhere but nary a peep was heard. Drunk driving has been so stigmatized that even valid evidence that drivers may be arrested on inaccurate breath test results is just ignored. Of course, no one wants drunk drivers on the road, but that shouldn’t come at the expense of due process.
The New York Times investigation is alarming. The investigation reveals that the various alcohol breath test devices used by law enforcement are often improperly programmed, calibrated and/or maintained. And DUI defense attorneys have argued this for years.