Breathalyzers might be more empirical than a field sobriety test, but they aren’t infallible.
Law enforcement pulls over thousands of drivers under the suspicion of driving under the influence (DUI) every day. To determine whether a driver is drunk or something else entirely, police officers may use standardized field sobriety tests (SFSTs) or breathalyzers. However, legal experts argue that a breath analyzer might not be the best way to prove a crime.
Lawyers in Massachusetts are highlighting calibration issues with breathalyzers in DUI cases and calling for a ‘full investigation’
Unfortunately for drivers, police, and the legal system, assessing drunkenness can be problematic. Sometimes, the case is straightforward inebriation. Bloodshot eyes, slurred speech, sluggish movements, and impaired balance can readily identify a drunk driver. As a result, police officers will often reach for a breath analyzer to confirm a driver’s blood alcohol concentration (BAC).
Now, let’s get one thing straight. The term “breathalyzer” refers to a brand of breath analyzer. However, like Kleenex or Ziploc, the term evolved to cover any alcohol concentration-detecting breath analyzer. However, while commonplace and more empirical than a standardized field sobriety test (SFST), a breathalyzer isn’t problem-free.
According to Mass Live, lawyers in the Bay State argue that breath analyzers suffer from an “antiquated calibration system.” A release details some of the issues with device calibration in the state. “The tolerance ranges set for the calibration and certification process as prescribed by OAT’s protocols are not programmed into the breath test machine’s firmware; instead, they have been programmed by Draeger, Inc. with completely different tolerance ranges that are not at all reflective of what the OAT protocol requires.”
Joe Bernard, an attorney in Springfield, MA specializing in DUI cases, believes calibration issues warrant a “full investigation,” and that “the whole system should be scrapped.” Still, faulty breath analyzers aren’t the only concern regarding wrongful DUI arrests. Hundreds of drivers in Tennessee dealt with wrongful arrest for the opposite problem, namely a lack of breathalyzers.
Drivers would consent to a field sobriety test and fail for reasons unrelated to alcohol or drugs. However, when motorists requested a breath analysis to confirm their BAC, police agencies refused, citing that they didn’t use the devices.
