If law enforcement stopped you on suspicion of driving while intoxicated (DWI), did you take a breath test?

The results of a breathalyzer machine must be precise, and questionable accuracy in the testing process could make all the difference in your case.

Machine reliability

In 2020, device reliability issues arose concerning the breathalyzer machines that St. Louis, MO, Intoximeters company manufacturers. Michigan State Police alerted law enforcement partners to “performance-related issues” involving the machines. One of the primary concerns was that the machines might not be properly calibrated, which could impact cases involving suspected drunk drivers.

The Philadelphia example

Calibration concerns surfaced in the summer of 2016 when an attorney notified the Philadelphia Police Department that the calibration on their breathalyzer machines was out of date. The police promptly removed all the machines in order to resolve the problem. The fix included replacing a bottled solution that ensures the accuracy of blood alcohol readings. The machines were back at work later that day, but the concerns about breath test results remained. The attorney who first notified the police department about the outdated calibration pointed out that any tests involving the expired solution might be inadmissible in court. At issue was the potential for overturning up to 1,000 DUI cases.

The accuracy challenge

A DWI charge should not go unchallenged. For example, the officer could have created an administrative error during your arrest. With regard to the breath test, remember that no machine is perfect. Your attorney can question the results of a breath test and build a defense strategy geared toward obtaining the best possible outcome for your case.