Reliability of Breath-Test Results in a Drunk-Driving Case

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Problems with DUI Evidence?

Numerous defense challenges to breath test results in DUI convictions (past and present) are underway in courts throughout Washington State because of newly discovered evidence that breath testing devices weren't tested properly. The defense position is that the evidence from the toxicology lab analyst's testimony (regarding the accuracy of the breath testing device - DataMaster) was based upon perjured testimony and, therefore, tainted making the breath tests inadmissible. Amid allegations of perjury related to the preparation and testing of the simulator solutions used, the previous Washington State Toxicology Lab Manager tendered her resignation. The Washington State Patrol's Breath Test Section indicated that "...Ms. Gordon did not personally examine and test the solutions." WSP Breath Testing Site. More DUI Information

Misconduct Could Affect DUI Convictions

Simulator solutions must be tested by analysts (pursuant to established protocol) at the Washington toxicology laboratory for accuracy within a specified acceptable range and may only be implemented for use in DUI breath testing machines (i.e. DataMaster and DataMaster CDM) if they meet those standards outlined by the state toxicologist. However, since the solutions were never tested by at least one analyst who signed under penalty of perjury that she had in fact tested the solutions, it can be inferred that someone covered for her and a door has been opened regarding perjury not just centralized to one individual in the toxicology lab. Numerous judges are set to hear argument regarding governmental misconduct and whether to dismiss the thousands of DUI cases affected by the tainted testimony.