Almost overlooked in the criminal justice brouhaha was this story about the possibility of hundreds of DUI convictions over the past few years being overturned because of the faulty breathalyzer.
The certified Breathalyzer test used by police in Connecticut is not accurate, some attorneys claimed Tuesday in hopes of urging the state to change policies.
A Superior Court judge ordered the DMV to conduct a hearing as opposing attorneys are trying to prove that all Breathalyzer tests taken by the Intoxilyzer 5000 are inaccurate.
“Their argument is there is no scientific basis to detect alcohol on a person’s breath to alcohol in a person’s blood, and it does not measure alcohol with weight, and we disagree with both claims,” [chief legal counsel for the DMV] said.
Jay Ruane represents three people who lost their licenses after failing the Intoxilyzer 5000 test.
“The Breathalyzer does not comply with state regulations,” Ruane said. “This would force the state and state police and prosecutor’s office to take a blood sample or a urine sample.”
Ruane is one half of CT’s premier DUI attorneys. If anyone can mount a successful challenge to the Intoxilyzer 5000, it is him.
Stay tuned; this could have major implications.