DUI Tests Must Now be Accurate

The Supreme Court of Ohio has ruled unanimously that tests of breath, blood or urine for alcohol content must closely comply with state regulations designed to minimize errors. Judges can now only allow very minor errors in the alcohol tests.

Many courts had been viewing the regulations as only "recommendations" rather than the legal requirements that they are. Over time, judges have been permiting sloppier and sloppier test results, and larger and larger errors, to be used in convicting those charged with driving while under the influence of alcohol.

While it is very important to convict drunk drivers, it's also important that the innocent not be unjustly convicted because of erroneous test results. It's believed that more innocent people are convicted of DUI than any other crime.

 

Reference:

  • Welsh-Higgins, A. Supreme court: drunken driving bloold tests must use anticoagulant. Associated Press, 10-22-03.

filed under: Breathalyzer

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