The Minnesota Bureau of Criminal Apprehension has ordered law enforcement agencies around the state to inspect their DWI testing devices after becoming aware of significant errors in two DataMaster DMT breath test devices.
The faulty instruments were discovered on Friday to have data entry errors related to gas cylinder installation on the device. After discovering the error, it came to light that these two testing devices may have negatively impacted 108 cases in Olmsted County and 38 cases in Hennepin County.
“The BCA is committed to the highest level of quality in our forensics lab, and this is why we are conducting this review,” said BCA Superintendent Drew Evans. “We appreciate our law enforcement partners’ prompt attention to this inspection process.”
Massive Problem
We’ve never been a fan of inconsistent breathalyzer evidence, but this is just further proof that it can be unreliable when it comes to getting an accurate gauge of someone’s blood alcohol concentration. The BCA realizes how massive a problem this is and has already ordered the suspension of all DMT devices until they can verify the gas cylinder data is correctly entered into each instrument. Moreover, because the possibility of human error exists with how these devices are maintained and managed, the BCA has stated that moving forward, all gas cylinder replacements and maintenance will be conducted solely by BCA personnel.
“This requirement follows the discovery of multiple data entry errors by trained operators during the installation of gas cylinders in the instrument,” the release said, but the agencies using the DWI testing instruments are “not necessarily responsible for the error as multiple law enforcement agencies use each instrument.”
Nearly 150 cases have already been impacted, and that’s just from two devices. Other issues have been found with devices in Aitkin, Winona and Chippewa counties. There’s a good chance the statewide audit will reveal more affected devices, and we wouldn’t be surprised to learn that thousands of criminal cases were impacted by these unreliable devices. If even one person was wrongly convicted because of these faulty devices, it’s a major stain on our criminal justice system as a whole.
This is just another of the many reasons why you absolutely need a lawyer by your side if you’ve been charged with DWI. The general public may assume these devices are trustworthy, but the fact of the matter is they are simply unreliable. Let us build a strong case for you so that you don’t have to be convicted based on shoddy and false evidence. For more information, or to see if you may have been wrongly convicted of DWI because of these testing devices, reach out to the team at Appelman Law Firm today at (952) 224-2277.
