Ruling on Breathalyzer Challenge in Dauphin County Could Change DUI Convictions

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A Dauphin County judge makes a ruling on a breathalyzer challenge that could affect thousands of  DUI convictions . The judge, ruling that breathalyzer machines used by law enforcement at police stations cannot be considered accurate beyond a blood alcohol reading of .15. The ruling stemming from a DUI case, where the attorney challenged the breathalyzers accuracy . Dauphin County District Attorney Ed Marsico says his office will appeal the ruling.

“ Most DUI’s unfortunately involve high levels, most people that are actually arrested for DUI have pretty higher levels, so this affects a great deal of cases. If there’s a DUI in a homicide by vehicle case it could affect those, it affects any case basically that was above a .15,” says Marsico

An attorney who works on the case says the breathalyzer machines used in police stations are an old technology that need to be updated.

“It’s important that people that are accused of DUI get their fair day in court. And that convictions  rely on scientific evidence. It’s certainly not our intent to help people drink and drive but that being said they have a constitutional right to due process and fairness and to avoid false convictions,” says Tim Barrouk , Senior Litigator, the McShane Firm

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