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Faulty breath tests might lead to wrongful DWI charges

We have often discussed Breathalyzer tests and how they play a part in drunk driving arrests. Our readers know that they have the right to decline a Breathalyzer test, but that doesn't come without severe penalties. What some of our New York readers might not know is that there are some very interesting points about Breathalyzers that have made them the subject of a controversy.

The truth is that Breathalyzers aren't fail proof. There are instances in which the breath test is faulty. There have been cases in which people were convicted on drunk driving charges when the breath test was faulty. In Washington, D.C., 50 people challenged their drunk driving cases in court after it was determined a Breathalyzer test was faulty. There were 400 potential wrongly convicted people total that might have challenged.

The instance of faulty Breathalyzer tests was high enough that two states found one specific brand, the Intoxylizer, mainly the 8000 model, unreliable. In the case of the Intoxylizer 8000, results were being given that were physically impossible. Another model was also the subject of some doubts. That model was the Intoxylizer 5000, which was the model that was proven faulty in the Washington, D.C. cases.

As those reports show, it is possible for the breath tests to be incorrect. It is vital for anyone who feels he or she was charged with drunk driving based on a faulty breath test to contact someone who can review his or her test. Knowing how to interpret specific information about tests and knowing how to present the information in an appropriate manner can help you to present your case.

Source: Think Progress, "The Next Civil Liberties Fight Could Be Over Breathalyzers" Lauren C. Williams, accessed Feb. 06, 2015

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