Breathalyzer Manufacturer Under Criminal Investigation For Falsifying Maintenance...

[tn1911]

Breathalyzer Manufacturer Under Criminal Investigation For Falsifying Maintenance Records And Calibration Results

https://www.techdirt.com/articles/20200206/12123243873/breathalyzer-manufacturer-under-criminal-investigation-falsifying-maintenance-records-calibration-results.shtml

Cops value breathalyzers since they're easy to deploy and don't have the warrant impediments of blood tests. But they're often relying on faulty equipment.

The 2018 discoveries were reaffirmed in 2019 when a New York Times investigation uncovered more problems with breathalyzers. Equipment used in the field was rarely recalibrated and active chemical agents rarely replaced. One breathalyzer used by Michigan police was found to have rats nesting inside of it.

Faulty equipment is only one of the problems. The bigger problem is that it's almost impossible to challenge in court. The private companies behind breathalyzer equipment have inserted themselves into court proceedings, claiming any examination of devices and source code could result in the exposure of proprietary information that (they imagine) could harm their market position and future sales.

[The Dumb Gun Collector]

I'm sure some of the science underpinning DUI prosecutions is legit. I mean, some of it has to be right???

[tn1911]

I'm sure some of the science underpinning DUI prosecutions is legit. I mean, some of it has to be right???

I had good results with chicken entrails and tarot cards when I was on patrol...

[eightmillimeter]

Large mis-managed states mis-manage large critical equipment programs... who knew?

It really depends where you are. In other areas the machines are centrally networked and overseen by a single entity, usually an accredited crime lab... no such problems.

Not that it matters anyway, recent court decisions have really been pushing for blood specimens when possible.

[dwhitehorne]

Sounds like another hit piece article trying to diminish the breathalyzer. Thousands died or are injured every year from drunk drivers and defending them is a big business. If they can challenge the breathalyzer and get the officer to testify more about the field sobriety on the stand it is more billable hours.

I was a certified operator for over a decade. The things are all computerized now. If the instrument doesn’t pass the internal diagnostic you can’t even get it to give a reading. We kept a big binder at the court liaison with copies of all the units certifications and the operators certificates. If something is found to be an issue they would toss all the cases immediately. David

[jsbhike]

Sounds like another hit piece article trying to diminish the breathalyzer. Thousands died or are injured every year from drunk drivers and defending them is a big business. If they can challenge the breathalyzer and get the officer to testify more about the field sobriety on the stand it is more billable hours.

I was a certified operator for over a decade. The things are all computerized now. If the instrument doesn’t pass the internal diagnostic you can’t even get it to give a reading. We kept a big binder at the court liaison with copies of all the units certifications and the operators certificates. If something is found to be an issue they would toss all the cases immediately. David

Sounds like Michigan wasn't ok with this.

https://www.detroitnews.com/story/news/local/michigan/2020/01/13/michigan-state-police-uncover-fraud-breath-alcohol-testing/4458773002/

[sgtrock82]

WTF are they talking about with rats nesting in a breathalyzer!? Im fortunate enough to claim Ive seen a breathalyzer on very very few occasions, but none have been large enough to be much use as a nest for anything.

I agree its a hit piece. Angling to delegitimize any and all law enforcement efforts so we just give up and let everyone outta prison...

...probably to make more room for all of us insidious gun owners not smart enough to have frequent boating accidents ;)

Sent from my SM-J727T using Tapatalk

[jsbhike]

WTF are they talking about with rats nesting in a breathalyzer!? Im fortunate enough to claim Ive seen a breathalyzer on very very few occasions, but none have been large enough to be much use as a nest for anything.

I agree its a hit piece. Angling to delegitimize any and all law enforcement efforts so we just give up and let everyone outta prison...

...probably to make more room for all of us insidious gun owners not smart enough to have frequent boating accidents ;)

Sent from my SM-J727T using Tapatalk

Fairly sure the size would accommodate a rat nest.


https://youtu.be/CFGzYT7BRJ0

[dwhitehorne]

Sounds like Michigan wasn't ok with this.

https://www.detroitnews.com/story/news/local/michigan/2020/01/13/michigan-state-police-uncover-fraud-breath-alcohol-testing/4458773002/

Good, that means someone is paying attention and doing something about the problem. If there is no integrity in the program it’s useless. David

[joedirt199]

Just cause the breathalizer gave a false reading after the fact, the initial cause for arrest was the officer's observations (breath, eyes, driving, responses, etc).

I have made convictions without even using a breathalizer or blood. Portable breathalizers, the small hand held ones are not admissible in court. They train officers to maintain it and keep records of the maintanence.

Media just wants to ruin law enforcement so crime can run free and make for interesting news.

[jsbhike]

Just cause the breathalizer gave a false reading after the fact, the initial cause for arrest was the officer's observations (breath, eyes, driving, responses, etc).

I have made convictions without even using a breathalizer or blood. Portable breathalizers, the small hand held ones are not admissible in court. They train officers to maintain it and keep records of the maintanence.

Media just wants to ruin law enforcement so crime can run free and make for interesting news.

Except the unit in question appears to be about the size of an old school type writer per the video and Michigan State Police opened the fraud investigation against parties involved.

[joedirt199]

You got bigger problems if rats are infesting your work equipment. Those breathalizers stay warm constantly so the rat was just trying to get out of the cold.

[Averageman]

You know I used to work with a guy who refused to keep up with his subordinates tools, equipment and calibration requirements.
One day the overhead crane breaks, well it was underload so a C-7 Cat power pack hits the floor with three guys standing around it.
Now a breathalizer isn't s crane, but there is a reason why you keep your tools calibrated
If you don't do it, but you sent it in on time, bad on them. If there are rats nesting or even just warming up on that equipment and it didn't get recalibrated, bad on you.
Either way the whole issue has a battalion of Attorneys lined up to get a taste.