Superior Court overturns breathalyzer accuracy case
A Superior Court Judge rules that evidence from breathalyzer machines is allowed in Dauphin County drunk driving cases. Earlier in the year a Dauphin County Judge had ruled that breathalyzer machines are inaccurate. The ruling stated that breathalyzer machines used by law enforcement at police stations cannot be considered accurate beyond a blood alcohol reading of .15%.
It stemmed from a case where the attorney challenged the accuracy of a breathalyzer which could have overturned thousands of cases. Today, Dauphin County District Attorney Ed Marsico announced the overturning of that ruling, a decision he’s waited on for much of the year. He praised that the ruling stating that it, “ Will allow police officers across the commonwealth to continue to fight DUI’s with breath testing devices.”
An attorney who worked on this case tells FOX43 he believes that the breathalyzer machines used in police stations are an old technology that need to be updated.