Featured News 2012 Faulty Breathalyzers and the San Francisco DUI Fiasco

Faulty Breathalyzers and the San Francisco DUI Fiasco

Recently, the San Francisco Chronicle notified the public of a police goof-up that may allow hundreds of individuals to go free after DUI accusations. According to the Chronicle, police may have mishandled BAC tests, which is no small matter. Many DUI cases hinge on the results of these tests, and if they are not being conducted properly, many men and women may have been falsely accused. The San Francisco Public Defender says that over one thousand convictions may be recanted, and that the city will be reviewing DUI convictions dating all the way back to 2006. It is a lot of records to go through, but it may right some wrongs against the residents of this city.

The Public Defender states that the review is zoning in on the hand-held alcohol screening devices that police carry on their person. These little boxes are used to test a suspects' BAC level. It is very important that these breathalyzers are accurate, for the readings can make or break a DUI conviction. In San Francisco, police are required to test their devices every ten days, or after every 150 uses on patrol. In maintenance records, attorneys discovered that all the preliminary alcohol screening devices were giving the exact same reading every single time they were tested. The tests were issued in a test room with a gas canister that had a known sample level inside. Every single time, the devices registered 0.082. The Public Defender told the Chronicle that this is a mathematical impossibility. The reading is too precise to be correct every single time.

The discovery led to a concern that many of the hand-held breathalyzers cops are using in San Francisco are faulty. Also, there is a possibility that police workers were simply not using the devices according to the manufacturer's guide. In order to correct this situation, the Public Defender has set up a special number for DUI convicts and their attorneys to call. This contact will allow them to express their case and their concern that they were convicted with an incorrect breathalyzer reading. The city is urging men and women who believe they were falsely accused to contact lawyers or private counsel and research their situation. As well, all of these breathalyzers have been removed from the police force for the time being.

According to reports, the device in question is known as an Alco Sensor IV, the older generation of breathalyzers by this company. Alco Sensor V's have already been issued to cops and had their set of problems, with partial recalls and send-backs in California last year. The "V" was giving slightly "off" readings, but the problem was quickly corrected. Unfortunately, until recently, no one realized the defects of the Alco IV. Police squads say that if the breathalyzers were being misused, and the error was from not following the instructor's guide correctly, then no one knew about it.

San Francisco's police chief says that the entire Police Department is cooperating with the investigation. Allegations that the forces were aware of the reading errors have all fallen flat. According to the police chief, there is no reason to believe that police issued false readings with malicious intent. If anything, the department was operating out of negligence. If you believe that you have been falsely accused of a DUI due to a mistake by the police or a faulty breathalyzer test, then you should fight your case with the help of a DUI lawyer. Set up a consultation with a local attorney and begin sorting through the details of your DUI conviction. You will want someone who can fight for you and help you to avoid damaging marks on your record, fines, and other punishments.

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