The accuracy of an alcohol breathalyzer device -- for example, the Intoxilyzer 8000, which is commonly used by police departments across the country -- has often been called into question, with a variety of defects cited and established in different jurisdictions.
Evidence allowed through use of a breathalyzer that is at all questionable can have flatly staggering consequences to a person wrongly accused of drunk driving. Consider that a felony DWI/DUI conviction (third offense or greater) in Missouri can bring about penalties that include up to four years in jail, a fine in the thousands of dollars and a decade-long license suspension.
If such an outcome is based on faulty evidence, that is truly egregious.
Law enforcement departments' continuing concerns with the breathalyzer were recently manifested by a drinking party in Florida paid for by taxpayer dollars.
The gist: A number of state crime analysts and police officers essentially got drunk at a party, blew into breathalyzers and had blood drawn. The purpose: to establish the accuracy of the breathalyzer devices.
The outcome: not at all clear. Although an alcohol "testing guru" from the state's Department of Law Enforcement says that the machines turned out to be accurate, a panel of state judges at a hearing before which the findings were presented called into question the science and corresponding validity of the results.
Their continuing skepticism is understandable. A state analyst recently found material errors occurring in one breathalyzer that render problematic its results all the way back to its first use in 2005.
The bottom line for any person arrested on breathalyzer evidence: Obtain a knowledgeable defense attorney to analyze the evidence and provide diligent legal representation.
Source: Syracuse Post Standard, "Florida pays state employees for drinking party to test breathalyzer" Geoff Herbert, Jan. 23, 2012



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