Truth be told, the results of breath tests are not suitable evidence to be used for DWI prosecutions. Breath testing is inaccurate, error prone and subject to numerous calibration issues. These machines use outdated 1970’s technology to produce results that are used to convict people of a serious offense.
Because of numerous issues, state police over in Pennsylvania have decided to halt the use of breath tests for drunk driving. This stems from a ruling in a case defended by Justin McShane (a super DUI attorney and good friend) in Harrisburg.
In the ruling in Commonwealth v Schildt, Judge Lawrence F Clark, Jr. writes,
“As a result of the evidence produced at the hearing, it is now extremely questionable as to whether or not any DUI prosecution which utilizes a reading from an Intoxilyzer 5000EN breath testing device could presently withstand scrutiny based upon the startling testimony of the commonwealth’s own witness, Mr. Faulkner, at the hearing.”
This is further proof that DWI breath testing is outdated and unreliable. I strongly urge any client who has been charged on breath testing evidence to consult with an experienced DWI attorney to look for irregularities in their case.