subject: 400 Dui Convictions In Washington, Dc Found To Be Based On Flawed Breathalyzers [print this page] In-depth experience on behalf of your DWI or DUI attorney can occasionally get a sobriety test thrown out, especially if a field sobriety test was administered improperly.
For some, it just got a lot easier. Since fall of 2008, almost 400 people have been convicted of driving while intoxicated in the District of Columbia, with about half of them serving jail time. Now, according to D.C. Attorney General Peter Nickles, the machines were improperly set by city police.
The poorly calibrated equipment showed a drivers Blood Alcohol Concentration to be about 20% higher than it actually was. While this wouldn't be a game changer for anyone who blew a fairly high BAC, many people charged with DWIs or DUIs barely blow over the legal limit (and I do mean by less than 20% here). This means that more than likely, some people were charged for barely blowing over the legal limit of .08, when in fact, they were under. For those who served jail time, the average sentence was about 5 days.
The problem derived from improper baseline alcohol concentration levels. All ten machines used by the District police were found to be inaccurate when checked in February 2010, according to Nickles' office.
While the test results wont change anything for cases involving accidents/injuries (because additional blood or urine samples would have to be taken), this certainly opens the door for other appeals.
There are some differences between state laws, but the prosecutor in the District still cannot bring a DWI charge against someone without a .08 test result.
According to Nickles office, over half of the 400 people convicted ended up serving some jail time. Nickles office is in the process of notifying drivers affected by the discovery, which so far has prompted at least one lawsuit.
Since challenging the results of both field and chemical sobriety tests lies at the heart of any DUI or DWI defense, I'm sure they can expect to see many more.
Not all jurisdictions will be experiencing the same problems that Washington, DC is, however. If you are charged with a DUI or DWI, you should take it very seriously as it is considered a criminal offense (as opposed to a simple traffic offense) in most states, even if you are barely over the legal limit of .08. You will most likely want to hire an attorney to represent you. An experienced attorney will be your best bet at successfully navigating a complicated defense for DWI or DUI.
Copyright (c) 2010 James Parrish
by: James Parrish
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