DUI Blood-Alcohol Machines May Contain Faulty Computer Software, Studies Show

Electronic devices police officers across the United States have motorists suspected of driving under the influence of alcohol blow into to determine blood-alcohol content may contain faulty computer coding that can render the results inaccurate, new studies show.

In some states, prosecutors have been forced to drop criminal charges against drivers accused of driving under the influence or driving while intoxicated when the companies that make the computerized machines refused to comply with court orders to hand over the computer code to defense attorneys.

One New Jersey case reached the state’s Supreme Court before it was decided that the company which made the breathalyzer machine, Draeger Safety Inc., must submit its computer coding for independent review.

CMI Inc. is another leading maker of the Intoxilyzer brand of breathalyzer machines, which are used by hundreds of law enforcement agencies across the U.S.

Serious Flaws in Coding Detected

Studies of the coding built into the machines showed potentially serious flaws, including computer bugs, which can produce unreliable results. Some of the software ignored errors in the functioning of the machines unless there were many consecutive failures detected.

Evidence of computer glitches in the programming of computerized breathalyzer devices is troubling, since in many states, results of the examination are usually enough proof to convict a defendant of driving under the influence of alcohol. A conviction of DUI charges can be devastating to a person’s profession and private life, resulting in suspension or revocation of driver’s license, stiff fines, and jail time.

Defendants May Have Rights to Compensation

People charged with DUI or DWI who can successfully argue that faulty computer software caused an unreliable or inaccurate result of a blood-alcohol screening examination may not only have their criminal cases dismissed. They may qualify to seek financial compensation for lost wages and other damages resulting from the arrest by filing a civil lawsuit against the company which made the breathalyzer machine used in their case.

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