By guest-writer
A few months ago, police officials in San Francisco faced a great deal of embarrassment when an investigation revealed that several breathalyzer tests administered to DUI suspects were flawed, a finding that threatened hundreds of DUI convictions.
This problem, however, does not seem to be isolated to San Francisco, as police departments across the country have experienced troubles with the reliability of their breathalyzer tests, according to a recent report from the San Francisco Chronicle.
An eerily similar situation happened in Philadelphia last year. There, the district attorney was forced to offer new trials to almost 1,500 people who had been convicted of driving under the influence of alcohol over a 15-month period.
This offer was made necessary by the finding in March 2011 that four different breath test machines used by the Philadelphia police department had not been adequately calibrated before their use.
San Francisco faced a similar problem with the calibration of their breathalyzer devices, but they used a different type of breath test, according to sources.
In addition to San Francisco, other California communities, such as those in Santa Clara County and Ventura County, have seen some dropped DUI convictions due to faulty breath tests, but not to the extent that San Francisco experienced.
In the city by the bay, the district attorney’s office is currently reviewing hundreds of cases dating back to 2006 to possible mismanagement of breath testing devices used by the city’s police department.
According to San Francisco Public Defender Jess Adachi, as many as 1,000 convictions could eventually be altered, although Adachi does have a bit of a skewed perspective, given that he stands to benefit from any overturned convictions.
Still, the fact that even hundreds of DUI convictions could be overturned is unnerving for judges and prosecutors alike, and it reveals the danger of relying on technology when identifying possible DUI offenders.
People who are arrested for a DUI should also note that there are a wide range of complications that could arise from a breath test, including the possibility of condensation in the device that skews the blood alcohol results, or simply misuse of the machines by poorly trained police.
A DUI arrest does not necessarily mean a DUI conviction, given the wide range of possible procedural violations or technological mishaps that sometimes plague DUI stops.
So, if you’ve been arrested for a DUI, remember that you are not necessarily convicted automatically. The court must still prove your guilt.
