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WHO IS BREAKING THE LAW

Several studies indicate that the breathalyzer machines used during roadside sobriety test vary up to 15% from the actual blood alcohol concentration (BAC). Based upon several factors nearly one quarter of those tested will have a BAC reading higher than their actual BAC. The inaccurate measurements highlight the fact that several individuals could be falsely convicted if breath test was the sole determining factor.

The inaccuracy of the breathalyzer is a defense often utilized in the practice of DUI and DWI trials. However, the use of the breathalyzer seems to place dark cloud over driving under the influence cases and creates assumptions that the defendant is automatically guilty.

If we are to assume that all individuals are innocent until proven guilty we must question if holding the prosecutor’s evidence on a pedestal despite the breathalyzers inaccuracy is biased and serving the greater interest of society.

I am of the belief that individuals that break the law must face prosecution and those that have alcohol related problems should be given treatment. However, we should not allow judges or district attorneys offices to boost their conviction rates by using faulty equipment or unfair practices.

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References:

Hanson, David Ph. D. Breathalyzer Accuracy and DWI/DUI Conviction Rates 29 December 2008.

See Breath Analyzer Accuracy. One veteran of the courts says that the breath tester is “a piece of crap” (Wright, Gary , Alexander, Ames, and Mellnik, Ted. “Judges are not following the law.” Charlotte Observer, August 9, 2004). That seems to be too strong an assertion, but it’s clear that such machines have a substantial error rate.

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