The unspoken secret to DUI defense: pay $10k for an expert witness to show up and demand access to the breathalyzer's source code and pertinent documentation. The vendor will refuse and the case will be thrown out.
Nobody wants to talk about the (in)accuracy of breathalyzers.
>Nobody wants to talk about the (in)accuracy of breathalyzers.
That's because like every other bit of tech used to convict people it's designed to err on the side of convicting people not being accurate.
If you want a laugh look up the sensors they use in the alcohol ankle bracelets. Then look up the OEM specs, calibration requirements, usage environment requirements and accuracy claims by the vendors and try and reconcile the two (several research papers have been written about this). The whole industry is lousy.
> The vendor will refuse and the case will be thrown out.
I'm skeptical that a case would be thrown out that easily. I have seen expert witnesses getting chewed by the prosecution on minor details. So what if the source is unavailable. It can be argued that the device is tested and regularly calibrated, and that any inaccuracies found will be minor - and certainly not enough to exonerate the defendant.
Yeah maybe there might be some inaccuracy - but then the defendant failed the standardized field sobriety tests. And the cop is saying that they were visibly drunk. Now what?
> Yeah maybe there might be some inaccuracy - but then the defendant failed the standardized field sobriety tests. And the cop is saying that they were visibly drunk. Now what?
You pay to have a medical expert come in and explain the myriad conditions that can lead to failing the field sobriety tests. It's simply a question of funding. Even if the case isn't dropped the jury will almost certainly have reasonable doubt.
This is partially why, at least in California, major parts of the penalties for DUI are "administrative" in nature and handled by the DMV.
Even if you do get acquitted in criminal court, it's another set of hearings to get your license back ($$$), lose the special "I got a DUI" SR-22 insurance requirement, etc.
Nobody wants to talk about the (in)accuracy of breathalyzers.