Breathalyzer Malfunction Questions Validity of Thousands of DUI Convictions

What was originally reported as a malfunction of 8 out of 10 intoxilyzer machines has now surfaced as a much larger problem. All 10 machines, used by the Metropolitan Police Department in Washington, DC, were in fact malfunctioning over a period of at least 18 months. 

The original malfunction story was released in February of 2010. The 4 month investigation that has since taken place has not yielded any greater transparency. DC Attorney General Peter Nickles stated that the malfunction only affected 400 cases, but there are those who believe this number is a grave underestimate.

"There are still thousands of people who would have been under the legal limit, or who were eligible for diversion programs but were not offered them because of the faulty scores." said David Benowitz, member of the National College for DUI Defense.

The machines provided faulty scores that could have caused thousands of faulty convictions. According to Benowitz, it is a situation of such magnitude that it is possible the Attorney General is simply unwilling to take it on.

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