This is exactly what has happened recently in Texas where it is reported that between 1200 and 4000 breath tests were fraudulently verified.

According to the Houston Chronicle a Department of Public Safety contractor fraudulently manipulated the state’s breath testing machines causing thousands of wrongful DUI convictions.  Instead of changing the reference sample every month as required, the contractor instead falsified the tests and pocketed $146,000 in profit.

Similarly, not long ago in the state of Washington, the state police faced fraudulent breath testing on an even larger scale.  The breath test scandal in that state caused the director of teh Washington State Patrol Forensic Laboratory Services Bureau to resign.  According to the Seattle Times:

Logan’s resignation comes just two weeks after a panel of King County judges ruled that the state toxicology lab — one of the two labs overseen by [the director] — engaged in “fraudulent and scientifically unacceptable” practices while preparing and analyzing breath tests used to prosecute suspected drunken drivers. The judges called for the suppression of the tests and laid much of the blame on [him], finding he bore “a good deal of the responsibility for [the lab's] shortcomings.”

Michigan has not suffered from a similar debacle, but Michigan’s breath testing program is certainly not immune from such problems.

Michigan’s breath testing administrative rules, in part, read as follows:

Rule 3. (1) An evidential breath alcohol test instrument shall be verified for accuracy at least once at any time during each calendar week, or more frequently as the department may require, by an appropriate class operator pursuant to R 325.2658(4). The tests need not be performed within 7 days of each other, but shall be performed less than 14 days apart.  The test for accuracy shall be made in a prescribed manner using an alcohol standard that is approved by the department.  For the instrument to meet the requirements for accuracy, a test result of .076 to .084 shall be obtained when using a controlled device that delivers an alcohol vapor concentration of .080 grams of alcohol per 210 liters of vapor.

Typically Class II operators of the various police departments, jails and other law enforcement agencies prepare and run the weekly simulator tests.  These are simply police officers who have only a single 6 hour day of training with at least a 70 percent on the written test.  There is no proficiency testing and no oversight regarding this aspect of Michigan’s breath testing quality assurance program.

A Class IV operator will run the 120 day inspections.  In neither case is there a state agency charged with oversight.

If fraud is ever to be uncovered it will be due to the efforts of the criminal defense bar. Without oversight thorough discovery and exhaustive cross-examination is the only hope a falsely accused driver has to vindicate his wrongful drunk driving charge.

What are your thoughts?  Have you been charged with DUI?  Do you suspect fraud?  Contact a DUI attorney today to speak about the details of your case.

Tony Shipley, a Tennessee state representative, is one of the main proponents of the bill.  He and other lawmakers believe that this law would make Tennessee roads safer.

Ignition interlock devices require the driver of a vehicle to take a test similar to a breath test by blowing into the device.  The device then calculates the BAC (blood alcohol content) of the driver’s breath.  If the BAC level of the driver is too high, the vehicle won’t start.

“This potential law is a positive move to help all citizens of Tennessee,” said Tennessee DUI attorney and 1800duilaws.com affiliate Marcos Garza.  It is a meaningful approach to ensuring that Tennessee roads are safer for drivers, and it allows folks who have made regrettable mistakes to move on with their lives and continue to work.”

Under the proposed law, the IID (ignition interlock device) would not be required for all of those convicted of DUI in Tennessee.  It will, however, be a requirement for those convicted of a first-time DUI with a BAC level of .15% or more.  (The legal limit is .08% in Tennessee.) In addition, someone convicted of DUI with a minor in the vehicle and those drivers who refuse to take a breath test or blood test at the time of the DUI arrest will be required to have an IID installed in their vehicles.

Tennessee would not be the first state to pass such a bill, if it, indeed, passes.  Several other states currently have laws that mandate ignition interlock devices for some drivers convicted of DUI.

A defendant only has 15 days after the date indicated in the Notice of Suspension/Revocation issued by the department to try and prevent the action. Unless the action is contested, the defendant’s license will be automatically suspended for a period ranging from 30 days to five years, depending on the history of prior DUI convictions.

Having a Westmoreland County DUI / DWI conviction will leave a permanent criminal record, which can pose problems for the individual when travelling or when trying to find employment.

Pennsylvania DUI lawyers spend years studying the intricacies of the state’s DUI / DAI laws. Over the years, the state has implemented harsher penalties for drunk driving. Within the last five years alone, the legal blood alcohol content (BAC) limit in the state was lowered from .10 to .08, and a three-tiered system of penalties was put in place, administering harsher penalties for drivers arrested with a high BAC. Subsequent arrests now lead to significantly harsher fines and penalties, which could eventually lead to the permanent loss of one’s driving privileges.

DUI lawyers in Washington can help prepare the most appropriate defense strategy in order to safeguard against enhanced repercussions.

The state of Pennsylvania has a three-tiered system of punishment for those caught driving under the influence. The system administers different levels of penalties depending on the amount of alcohol found in a defendant’s blood stream. The legal blood alcohol concentration limit in the state is .08 (tier 1), and drivers convicted with a first offense in this category will not lose their driving privileges, but will be made to pay a $300 fine and may be placed under probation for six months. The degree of punishment increases with each successive arrest as well as a defendant’s BAC. The most severe penalties are imposed on drivers found with a BAC of .16 or higher.

A DUI first offense in Butler County can have very serious long-term repercussions.

First time offenders are not exempt from the consequences of drunk driving. Many drivers who are charged with a first time DUI offense believe that since the case is just a misdemeanor, there is no need to hire a lawyer. The reality is that each successive DUI conviction carries the potential for stiffer fines and harsher penalties, which makes it very important to prevent a conviction even for a first offense.

When faced with a drunk driving charge or DUI in Beaver County, Pennsylvania DUI lawyers can help you process your case.

A first time DUI conviction in Pennsylvania results in a 30-day driver’s license suspension, and a fine of up to $500. After this period, a driver may receive a 60-day restricted driving privilege and may be eligible for full reinstatement after 90 days. Multiple offenses carry even harsher penalties. A second offense can cause the loss of driving privileges for up to one full year. A second DUI conviction within a five-year period may also lead to a five-year driver’s license suspension.

For commercial drivers convicted in Armstrong County for DUI, driving privilege suspensions can be especially difficult, since the suspension of their licenses can mean the loss of their income for the duration of their suspension.

Although the penalties may seem minor for a first-time offense, each successive DUI arrest will lead to subsequently harsher fines and penalties. For instance, a second-time offender might suffer a two-year license suspension, a fine of up to $4,000, and up to one year in jail. A third DUI offense is considered to be a felony, and can lead to a prison term lasting from two to 10 years.

Considering the potential impact a DUI conviction can have on one’s personal and professional life, it is important to prepare a solid defense against DUI charges. Hiring a qualified attorney experienced in Blount DUI laws is the first important step to take when faced with a DUI charge in the state of Tennessee.

1800DUILaws.com has a comprehensive directory of legal professionals in the state of Tennessee. For more information, visit their website or call 1-800-DUI-LAWS.

To safeguard against enhanced repercussions, it is important to get in touch with a qualified attorney immediately after a DWI arrest. After reviewing the circumstances surrounding your arrest, your attorney will be able to determine the best course of action to take in order to protect your rights. The field of DWI law is technical and highly complex, and without the help of a professional DWI lawyer, a conviction is practically a certainty.

1800DUILaws.com has a comprehensive directory of professional DWI lawyers from across the United States. To get in touch with a Loudon County DWI attorney, visit the website or call 1-800-DUI-LAWS.

DUI law can be a technical and complex field. There are many important aspects that need to be considered, and in many cases, laws and regulations can vary greatly between states, counties, and even municipalities. Tennessee for instance has a zero-tolerance policy against underage drinking, and individuals under the age of 21 caught driving while under the influence of alcohol are liable for DUI.

Under McMinn County DUI law, a first offense for a minor can carry a 60-day driver’s license suspension, a fine of up to $500, 20 to 40 hours of community service, and mandatory attendance in alcohol awareness classes.

A qualified DUI attorney can help safeguard against enhanced repercussions in a DUI case. To find a DUI lawyer in McMinn County, TN, visit 1800DUILaws.com.