Alcotest Not Much Improvement Over Breathalyzer
An investigator appointed by the New Jersey Supreme Court believes a new breath-testing device for DWI cases is reliable, reports the Associated Press.
Retired Judge Michael Patrick King was appointed to investigate Alcotest’s accuracy after lawsuits brought by 18 DWI defendants claimed the device hadn’t been tested properly. King looked into the accuracy of both the device itself and its software, concluding that it’s far superior to the Breathalyzer that many police agencies now use. The New Jersey Supreme Court is scheduled to hear oral arguments on the device in January; more than 10,000 DWI cases hinge on the results. Seventeen of our state’s 21 counties already use Alcotest, but the others are waiting to make the switch until the court’s decision.
As New Jersey DWI defense attorneys, we can tell you that it’s not hard to make a device that’s better than the Breathalyzer. The Breathalyzer was invented in 1954, making it older than many DWI defendants. Its breath-testing function has been criticized for leading to false positives because of interference from mouth alcohol, prescription medications, operator error and many other factors. Because Alcotest also relies on breath testing, we can expect many of the same problems. Much worse, however, are the serious problems a court-appointed software testing firm found with the device’s software. In short, Base One Technologies found the software was so poorly tested that it doesn’t meet federal government standards; the FAA would not be legally permitted to use it for alcohol-testing of commercial pilots.
Because of these and other technical flaws, the Base One report said, the device can give false negatives or false positives and should not be used. King, the special investigator, added that law enforcement must be careful to recalibrate Alcotest regularly, and consider supplemental testing when a BAC reading is right on the legal line.
At Lependorf & Silverstein, we’re in favor of any device that can help law enforcement spot drivers who are truly intoxicated and dangerous to the public. Unfortunately, the current technology just isn’t up to the job -- including Alcotest. That means many New Jersey DWI arrests each year are based on faulty science and arbitrary decisions by law enforcement officers. As the holidays continue and police agencies step up their efforts to stop intoxicated driving, we can expect even more wrongful arrests. The consequences of these flawed arrests can be very serious: Loss of a driver’s license, fines, jail time, a criminal record, trouble at work and more. Defendants should never just assume they’re guilty because a machine spat out a certain number.
If you’re charged with a DWI because of Alcotest or Breathalyzer results, don’t plead guilty before learning about your rights and the serious flaws in the drunk-driving enforcement system. Contact Lependorf & Silverstein for a free evaluation of your DWI defense case.
