People often assume that the results of the breath test or blood test taken as part of a DUI arrest must be accurate. It's science, right?
Actually, that is not always the case. First off, science is not fool-proof. Those breath tests and blood tests are given to a suspect by people, and not by machines. And, those machines are also made, repaired and monitored by people. We have all heard of human error, right?
But more than human error, it is coming to light that another source for the inaccuracy of the DUI breath test and blood test results could also come from plain old greed.
According to a review of a study that was published in Criminal Justice Ethics, there is a long history of financial incentives tainting the results of these very important tests taken in DUI arrests. Convictions or findings of innocence hinge on these results, and yet it appears from the study that financial rewards have been offered in what they believe to be 14 states for guilty verdicts where the lab results tested positive for alcohol. The study explains that lab technicians often would not double-check results that tested positive for alcohol but would if the result was not positive. It also found that there were offices that used faulty machines giving inaccurately high results for years.
It is findings like this that make it so important for anyone charged with a DUI to make sure to fight their case. Here at The Toney Firm we understand that there can be human error, for whatever reason or motivation, and we make it our job to challenge every test being used against you.