As we noted last week, the Minnesota Bureau of Criminal Apprehension uncovered that breath test machines had been impacted by “human error,” resulting in known issues with 146 DWI breath tests. The BCA ordered that all breath testing with the Datamaster DMT devices be stopped until each device could be checked, and it should come as no surprise that more problems were discovered.
Currently, about 275 breath tests for suspected DWIs may have been impacted by this human error. Prosecutors and the Minnesota Attorney General’s office say they plan to examine each case individually to make a determination, but it seems like it’s too little, too late for many who have already been found guilty or have taken plea deals.
Breath Test Errors
The initial errors were discovered in Aitkin, Winona and Chippewa counties, and the BCA announced that additional testing concerns were later found in Hennepin and Olmsted counties.
“It doesn’t necessarily mean, even if there were errors, that the test results themselves were not reliable,” said Minnesota BCA superintendent Drew Evans. “This is a very technical piece in this equipment. The reliability of the results really do need to be examined on a case-by-case basis.”
Records show that there are 220 DataMaster breath test devices in use across the state of Minnesota, with 4,500 law enforcement officers certified to use them. Evans said the statewide DataMaster audit has not impacted law enforcement’s ability to keep the public safe from drunk drivers.
“This has not impacted Minnesota law enforcement’s ability to conduct DWI enforcement across Minnesota,” Evans said. Many DataMaster machines have already been examined “and they can go right back online because they’re accurate in the testing process.”
The fallout from this type of error is massive. There are likely drivers who have spent time in jail, who have lost their jobs and now have strained relationships with friends or family because of an inaccurate breath test. It’s unconscionable that something like this could happen, and that it could happen to so many different drivers.
If you have a pending DWI case, you need to speak with an attorney right away. Moreover, if you were convicted or pleaded guilty to driving while intoxicated in the past few years, it’s worth connecting with an attorney to see if your case may have been impacted by these faulty devices, especially if your case was conducted in one of the counties where the testing errors were discovered. You deserve justice, and we want to help you achieve it.
We’ll keep tabs on this story, because we only anticipate the problem becoming larger, and we’ll help any and all people who have or may have been impacted by the faulty equipment. To learn more about your options, or to talk to a lawyer about a different criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
