Hundreds of DUI cases could be tossed out in the San Francisco Bay Area, as the reliability of the breathalyzers used has come into question. The breathalyzer is called the Alco-Sensor V, which is manufactured by Intoximeters of St. Louis. This device was used by the San Jose and Palo Alto Police Departments.
The problem appears to be from the condensation that is left in the machine after a test. Alcohol may be trapped in the machine from a prior test and the next person tested can test positive for alcohol.
Palo Alto tested returned these devices back in December when it was determined there was a problem with the machine. The company confirmed a few weeks ago that the models were indeed defective. The District Attorney then informed the San Jose to stop using the devices.
About 865 cases may have been affected for the San Jose police department, and Palo Alto is still reviewing how many cases may be in question.
The Santa Clara County public defender Mary Greenwood said that the affected cases could be reopened, even if there has been a conviction. She states, “Of course you can’t give a person back their days of liberty that were lost, but there can be recompense in other ways.” She also added, “Their record can be cleared.”
Local prosecutors are quick to point out that DUI suspects use a more sophisticated machine once they are brought back to the station, and this is the main evidence used against them in court. However, in a close case the initial breathalyzer reading can be a critical piece of evidence to measure someone’s blood alcohol level.