Breathalyzers under fire
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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.
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In the UK, breath alcohol testing has been used for over 30 years. Traditionally, breath testing was conducted at the roadside and was backed up by a secondary urine or blood test, but more recently police stations are equipped with a more accurate breath testing machine which has been standing up in court without issue for several years.
Breath is perfectly valid as a matrix for testing, so their complaint can only be in relation specifically to the equipment itself… but what a can of worms to open - in my opinion, drinking and driving costs lives, so I hope their attempts to undermine the testing process doesn’t broadcast the wrong message.