New York Congressman Vito Fossella may challenge his DUI charge, after questions have been raised concerning the accuracy of the breathalyzer used to test him.

When Fossella was arrested in Virginia for drunk driving earlier in May, police reported his blood-alcohol content to be more than twice the legal limit of the state. Now, the accuracy of the machine used to test his blood-alcohol level could be a critical part of his case against the charge.

According to The Daily News, Fossella’s attorneys are building a defense around problems with the specific model of breathalyzer used.

The paper reported that on two different machines that night, Fossella’s blood-alcohol level registered different levels. His blood-alcohol content registered at a higher level on the second machine.

Reportedly, the Congressman’s legal team has subpoenaed files from the maker of the breathalyzer in order to highlight a pattern of problems. One file that will aid their argument is a Virginia government report from last year which called the machines “unstable and unreliable.”

Bob Battle
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