• 25
  • January
    2012

Most people assume that blood-alcohol test results showing that a driver was over the legal limit are irrefutable evidence and will result in a DUI conviction. This is not always the case.

In fact, many Pennsylvania drivers have successfully challenged DUI charges by focusing on the accuracy (or inaccuracy) of a breathalyzer test or blood draw. Test results can be skewed if they are administered poorly or if the machines themselves are faulty.

Readers will likely remember an important series of incidents from last year that caused more than a thousand Philadelphia DUI arrests to be called into question.

In order to avoid widespread mistakes like this, police departments around the country are finding ways to make sure that their breath tests are accurate and administered correctly. But an unusual experiment by the Florida Department of Law Enforcement (FDLE) to prove the accuracy of their Intoxilyzer 8000 has drawn more than a little criticism.

In October, the FDLE sponsored a "booze and Doritos" party in which 15 employees were allowed to drink whisky and other alcohol and eat chips. These employees were on the clock at the time and the FDLE paid the $330 cost for drinks and food.

When the employees had consumed adequately, they each blew into a breathalyzer and also had blood samples drawn for analysis. The study was recorded by a video camera and cost about $8,000 to conduct.

When the FDLE went before a panel of judges in December, representatives claimed that the study was a success and the machine proved to be accurate. However, blood work was still not back from the lab and judges also questioned whether their results had scientific validity.

This is in addition to the fact that a significant amount of money was spent on what many viewed as a drunken party for a group of FDLE employees.

It is certainly important for law enforcement agencies to make sure that their blood-alcohol testing equipment is accurate. However, the FDLE probably could have chosen a method that was less expensive, more scientifically valid and more professional than their test.

Source: Syracuse.com, "Florida pays state employees for drinking party to test breathalyzers," Geoff Herbert, Jan. 23, 2012