The Crucial Importance of Full Information in Discovery and Complete Transparency in State-Administered Breath Tests in DUI Defense 

If you've ever found yourself pulled over under suspicion of DUI in Atlanta, you're likely familiar with the DUI breath test (in Georgia, Intoxilyzer 9000)—a pivotal moment where a small device effectively decides whether you are guilty of DUI or innocent. Here at the law offices of George Creal, we understand that the accuracy and integrity of these tests are not just scientific details but the real deal; they are the bedrock of justice in DUI cases. Let's delve into why obtaining full information on state-administered breath tests is not just advisable; it's essential.

When Calibration Goes Wrong: Lessons from Across the Nation

1. Michigan's Misstep: In 2020, Michigan's State Police ceased breath testing due to improper calibration and maintenance of their devices. This incident didn't just throw a wrench into the system; it cast doubt on countless DUI convictions, illustrating how vital proper maintenance and calibration are. (https://midmichigannow.com/news/local/michigan-suspends-breathalyzer-contract-over-testing-results-01-13-2020).

2. New Jersey's Thermometer Trouble: An issue as seemingly minor as using the wrong thermometer led to questioning 20,000 tests in 2018. This underscores how even basic equipment calibration can have widespread implications, potentially letting the guilty walk free or, worse, convicting the innocent. (https://www.northjersey.com/story/news/new-jersey/2018/11/13/20-000-alcohol-breath-tests-cant-used-drunk-driving-cases/1988468002/).

3. Massachusetts' Massive Recall: In 2023, Massachusetts faced a situation where 27,000 breath tests were compromised due to calibration errors. This example highlights how systemic oversight can lead to widespread judicial chaos. (https://www.wbur.org/news/2023/04/26/massachusetts-drunk-driving-oui-cases).

4. Alaska's Calculation Error: Back in 2016, incorrect calculations in Alaska put 2,500 breath tests into question. This instance reminds us that human error in the calibration process can skew results dramatically. (https://www.adn.com/alaska-news/article/calibration-error-puts-dui-tests-question/2010/07/30/).

5. Washington's Wrong Calculations: The 2008 case where simulator solutions were incorrectly calculated in Washington shows how foundational errors in test setup can undermine the entire process of breath testing. (https://s3.amazonaws.com/law-media/uploads/34/5289/original/KingCounty-3JdgPanelOrderGrantingDefendantsMotiontoSuppress_000.pdf?1375311625)

6. Washington D.C.'s Overzealous Devices: Incorrect calibration leading to readings 20-40% too high in 2010 showcases how over-calibration can unjustly inflate alcohol levels, skewing the legal outcomes. (https://www.nytimes.com/2019/11/03/business/drunk-driving-breathalyzer.html#).

7. Illinois' Integrity Issue: Perhaps most alarming was the case in Illinois where falsification of certification records was discovered in 2006. This not only questions the technical accuracy but the ethical standards upheld by those administering these tests. (https://drive.google.com/file/d/1u_0xfgyCH2kLBlxaSAqype5M9SOT2QA-/view?usp=drive_link)

Why Full Disclosure Matters in Atlanta DUI Cases

Each of these examples from different states illustrates a common theme: the machinery and methods used in breath testing are not infallible. They require meticulous calibration, correct usage, and honest record-keeping. For someone facing DUI charges in Atlanta, these details are not just technicalities; they could mean the difference between conviction and acquittal.

- Legal Defense: Knowing the history and accuracy of the breath test device used can be pivotal in your defense. Was the device recently calibrated? Are there records of malfunction or miscalibration?

- Public Trust: Transparency in these processes ensures that the public can trust the judicial system. If there's doubt about the test's reliability, there should be doubt about the conviction.

- Preventing Injustice: Full information on breath tests can prevent wrongful convictions, ensuring that only those truly over the legal limit face penalties.

At George C. Creal Jr. P.C., Trial Lawyers, we advocate for due diligence in examining every aspect of the breath test administered. We believe in defending your rights with every piece of information available, ensuring that the breath test you took stands up to scrutiny or gets rightfully challenged.

The integrity of DUI convictions hinges on the reliability of breath testing. As these cases from around the U.S. show, when it comes to state-administered breath tests, the devil is indeed in the details. Ensuring those details are correct, accessible, and transparent is not just good practice; it's a fundamental right for anyone accused.

Contact Us Today

For a free consultation, contact the Law Offices of George Creal today on the web at www.georgecreal.com or on the phone at (404) 333-0706. We are here to help you navigate the legal system and fight for your rights.

Disclaimer

The information in this blog post is for general informational purposes only and should not be construed as legal advice. Please consult with an attorney to discuss your specific legal situation.