Breath test results are the most common forms of evidence used to convict Michigan drivers accused of drunk driving. There is an expectation and a trust that because these breath testing machines, in Michigan called “DataMasters,” are properly maintained by the police. Other states have shown that this trust is often misplaced.
This time the culprit is the District of Columbia, where D.C. Attorney General Peter Nickles said the breath testing machines were improperly adjusted by city police.
Mary Pat Flaherty, Washington Post Staff Writer (Thursday, June 10, 2010) has indicated that “nearly 400 people were convicted of driving while intoxicated in the District since fall 2008 based on inaccurate results from breath test machines, and half of them went to jail, city officials said Wednesday.”
Furthermore, D.C. Attorney General Peter Nickles said that the jailed defendants generally served at least five days.
The report indicates that all machines tested where wrong, usually by 20%. A lawsuit has been filed by those wrongfully convicted.
But the District isn’t the only state to have such problems. Here is a list of prior articles dealing with the same issues:
- DUI Dismissals Result From Faulty Breathalyzers
- Thousands DUI Cases Possibly Dismissed Over Invalid Breath Test Certificates
- Radio Frequency Can Cause Falsely High Breath Test Results
- Thousands of Breath Tests Improperly Admitted in Michigan DUI Trials
If you’ve been arrested for DUI in Michigan, and believe the test results are flawed, then you should seek out a top DUI lawyer to assist you with your case.