A recent story from the Washington Post relates that the DC Police Department is acknowledging that 9 out of 10 of their breath testing machines are inaccurate and that they are reviewing all DUI cases from October of 2008 through February of 2010. This will likely affect hundreds of DUI’s (I would bet that is a low estimate). Many of the people tested by these clearly faulty machines have already pled guilty or taken the equivalent of diversion. Fortunately, somebody hired an attorney that actually pulled the paperwork on these machines and dug into whether they were being properly maintained and functioning properly. The machines in question were Intoxilyzers made by the CMI corporation, the same company that makes the Intoxilyzers used in Kansas DUI cases. The story doesn’t say what the exact nature of the problem is, but I will bet there is a lot more to this issue than the police are currently letting on. The problems with breath test machines can range from the falsification of records and results to the inherent inaccuracy of infrared spectroscopy, partition ratios and machine engineering.
Another recent story, this one from Denver, has the police admitting that the refrigerator that they stored evidence in, including blood and urine samples, malfunctioned and may have ruined all of that evidence. The police were reviewing whether their budget would allow for a temperature monitor to try to avoid the problem of the fridge thermostat malfunctioning. How much could a thermometer cost? Can’t you go to Radio Shack and get one for $10.00? This is science, people. At a minimum, someone should buy a thermometer, put it in the fridge, and check it periodically to make sure the temperature is constant. Get a logbook and write down the temperature every few days. I have blogged before about the problems with law enforcement labs. Fraud and incompetence are, unfortunately, fairly common. Unrefrigeraterated blood can actually “ferment” alcohol as the sugars in the blood decompose and give you a false high on a blood test.
What all of this means is that you cannot just trust the results of a breath, blood or urine test as reported by law enforcement. The police can make mistakes, have faulty machines or refrigerators, or be relying on a lab that has some problems. You have to hire the best Kansas DUI attorney that you can, and that person has to flip over every rock, dig through the paperwork and ask questions.