Judge throws out breathalyzer test after machine couldn’t record drivers alcohol limit because it was too high

Tweet

A judge in Dauphin County, Pennsylvania last week delivered a bombshell decision finding evidence provided by breath machines to be inaccurate outside a narrow range. After hearing extensive testimony from expert witnesses, the Court of Common Pleas judge found it was not appropriate for charges of “high rate” driving under the influence of alcohol (DUI) be established by providing a printout from a machine displaying a high number.

“The unvarnished facts of this case ultimately establish that the array of breath testing devices presently utilized in this commonwealth, and in particular the Intoxilyzer 5000EN device manufactured by CMI, Inc., as those devices are presently field calibrated and utilized in this commonwealth, are not capable of providing a legally acceptable Blood Alcohol Content (BAC) reading, which is derived from a defendant’s breath, outside of the limited linear dynamic range of 0.05 percent to 0.15 percent,” Judge Lawrence F. Clark Jr. ruled.

In Pennsylvania, a separate “highest rate of alcohol” charge can be levied on a driver accused of having a BAC in excess of 0.16 percent. Enhanced penalties for this charge include a fine of up to $5000 for a first offense and a minimum three-day stay in jail. A third offense carries a minimum one-year jail sentence. Click below for full story -