A case in Washington state gave defense attorneys access to the source code of the Alcotest 9510 breathalyzer - the industry standard. The device is made by the German company Draeger and evaluates the BAC (Blood Alcohol Content) of breath based on two sensors. One is an infrared beam that measures how much light goes through a breath sample and the other is a fuel cell that measures the electrical current of the sample. If the two are not very close, the test is rejected.
However, defense experts working through the code discovered that the device is programmed "in favor" of the prosecution. If an individual's breath is more than a degree above average breath temperature, the machine will return a result that is up to 6% above the correct result. This can often lead to false positives and a potential conviction.
Always have an attorney at your side that will question all the evidence against you. If you live in Burlington, Essex, Colchester, Winooski, Williston, Shelburne or anywhere in the State of Vermont, and have been arrested or charged with DUI or any crime, call Handy Law for aggressive and experienced legal defense.
Blog
16May 2018