Defect In DUI Machine Could Affect Hundreds of Cases

November 25, 2011

Defect In DUI Machine Could Affect Hundreds of Cases

Hundreds of Ventura County convictions for DUI could be tossed out soon because some of the handheld Breathalyzer machines used in these convictions had a defect that caused inaccurate results.

According to the Ventura County District Attorney's Office, eight Intoximeter Alco-Sensor V breathalyzers showed erratic results for tests between January 20 and March 31. This means convictions during this time have a chance of being overturned. The actual number of cases that involved this particular model of the machine is not available.

The machines in question had a defective mouthpiece, which caused irregular readings and results. This could mean that some people were convicted of DUI based on these readings that did not, in fact, have blood alcohol levels above the legal limit.

While law enforcement officials say inaccuracies are relatively uncommon, breath-testing machines can produce unreliable results. These inaccuracies can be the result of many things including improper administration of the test, training of the officers or the calibration of the machine. In these cases, however, the manufacturing of the machine itself is in question.

The District Attorney's Office said that they would check on a case by case basis to determine whether a case should be thrown out or whether other evidence of drunk driving was present. For those who are facing convictions, this could be very good news. A first-time DUI offense in Ventura County carries three to five years probation, mandatory alcohol school, at least 48 hours in jail, and a fine of $2,500 plus court costs.

In addition, penalties increase when a driver has a BAC of .15. Those drivers who received stiffer sentencing based on a high BAC may question the results of the breathalyzer.

Because of these high penalties, those who were charged with a DUI offense between January and March of 2011, or at any other time, should contact an experienced attorney.

Article provided by The Law Office of Edward J. Blum
Visit us at http://www.dui-defense-la.com