What are the known errors associated with DUI breath tests?
There are a number of known errors associated with DUI breath tests. First of all there can be defective equipment, and that is to say, machines sometimes fail. Machines sometimes are inaccurate, and are not maintained properly. These machines are often not calibrated correctly and so there can be defects in the equipment. Secondly, the breath test machine can be improperly administered. If the officer is not trained properly, if the officer does not go through the proper checklist, then the improper administration of the breath test can result in an erroneous reading. And finally, there can be issues with regard to the person taking the breath test. If the person has a fever, if the person has acid reflux, if the person has cavities and alcohol that's trapped in their mouth that gets blown into the device - any of these things can cause there to be a falsely high reading. And all of these are issues that need to be examined anytime somebody is prosecuted for DUI and takes a breath test, because the reading may in fact be erroneous.