The stories concerning inaccurate results from breathalyzer machines just seem to continue unabated, and from police departments across the country. A lack of justice is certainly at the forefront in any instance where a person's conviction on a drunk driving charge stems principally from an erroneous blood-alcohol reading from a breath test machine. That concern is magnified for a felony-level (repeat) DWI/DUI charge, which comes with truly significant consequences.

Recent news accounts underscore the concern that many people have with breath testing machines such as the Intoxilyzer, which is used by police officers in many states, including Missouri.

One such story comes from Washington, D.C., where city officials confirmed two years ago that the Intoxilyzers in use there were not properly calibrated.

The results of that error were understandably dire and widespread, with many people being arrested on DWI/DUI charges when, in fact, they were not at the legal limit for drunk driving. The breath test machines used by D.C. officers were in fact overestimating BAC by about 30 percent.

Several officers claimed in the aftermath of that concession that they were targeted by police officials and city prosecutors for noting the magnitude of the problem and its longstanding duration.

Those reprisals resulted in a lawsuit alleging unlawful retaliation against them for speaking up. The officers' complaint alleged violations of the D.C. Whistleblower Protection Act.

A judge has now ruled that the suit can proceed against the district.

The case highlights the history of proven problems with breath test administration and calibration. Persons with questions or concerns regarding breath testing should contact an experienced defense attorney.

Source: The Blog of Legal Times, "D.C. judge green lights whistleblower suit over breath test machines" Feb. 10, 2012