Resources | DUI Breath Testing Thrown out for entire state |
| Thursday, 31 January 2008 | |
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The Seattle Times reported on January 31, 2008 that a three judge panel rule that the state's toxicology lab engaged in
"fraudulent and scientifically unacceptable" practices that have
compromised breath-test readings used to prosecute suspected DUI drivers.
In a 29-page order, the three judge panel stated that the Washington State Toxicology Lab created a "culture of compromise" with so many "ethical lapses, systemic inaccuracy, negligence and violations of scientific principles" that the DUI breath tests can not be used as reliable evidence in a court of law. A "multiplicity of errors" were found such as how breath-test results are analyzed and DUI breath tests are verified at the lab Lab personnel had been accused of signing sworn statements saying they had personally checked that breath-test machines were working properly, when other toxicologists had in fact conducted the checks. This is a common practice in the Georgia Crime Lab where toxologist sign conclusory reports regarding testing which was actually performed by lab assistants not present in court. Machine-calibration errors were found to have affected other cases.The three judge panel also criticized the software used to analyze data. Georgia courts have not even allowed Georgia DUI attorney's access to such software despite a explicit "full information" provision in the Georgia DUI Statute. At least 150 errors were identified in the lab. Declarations were signed indicating that a solution had been tested before the testing took place; listing incorrect dates for testing; and entering incorrect data. One can only hope that the legislative or executive branch will review the Division of Forensic Services of the Georgia Bureau of Investigation but right now the foxes have the key to the hen house since there is currently no legal mechanism to perform an audit in the judicial system.             |
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