DUI devices’ accuracy questioned

From Cleveland.com

Columbus- A state senator who sits on a board that this week approved without comment spending $6.4 million for new drunken-driving testing machines now says he wants the purchase to be reconsidered.

Sen. John Carey, a Jackson County Republican, is concerned the Ohio Controlling Board acted too hastily after he learned from reports in The Plain Dealer this week that several states have dismissed or delayed thousands of drunken-driving cases because of questions about the accuracy of the Intoxilyzer 8000.

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The article from the New Times of Phoenix Arizona, gives some hope to attorneys fighting DUI convictions for their clients in Arizona.  the software used in the Intoxilyzer 8000 is apparently full of bugs and many casses could be dismissed.  I was surprised that they did not know that most software is full of bugs.

Breathalyzer Software Issues Give Attorneys Hope for DUI Dismissals Across Arizona

By Ray Stern

This machine, the Intoxilyzer 8000, soon could be the friend, not the foe, of thousands of people being tried for DUI.

The machine is in wide use in Arizona, and many of the units utilize software that even the president of the company that makes the Intoxilyzer says is riddled with bugs, according to Tucson lawyer James Nesci.

Nesci tells New Times he believes a pending DUI court case in the Pima County Superior Court could have wide-ranging effects throughout the whole state, not just the Tucson area.

“I can tell you with absolute certainty that every breath test result on an Intoxilyzer 8000 is inaccurate,” Nesci says.

That doesn’t mean it’s inaccurate enough in every case to give wildly wrong results, such as showing that a totally sober person is drunk. On the other hand, showing the machine routinely spits out faulty data would make all of its readings suspect, the lawyer says.

Breathalyzer Software Issues Give Attorneys Hope for DUI Dismissals Across Arizona

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