New Breath Test Challenged
A class-action suit against the use of data collected by the DataMaster breath testing device was won because the state of Iowa failed to provide uniform instructions for operating the test.
In a separate Iowa case, data from the device was also excluded from evidence. The defendant argued that if the state convicts people of DUI and takes away their liberty, then the evidence used should at least be accurate and reliable. Otherwise innocent people can be unfairly convicted.
It’s important to convict drunk drivers, but it’s also important to prevent the innocent from unjust conviction and punishment for a crime they didn’t commit.
The Iowa Supreme Court will rule on whether current rules for using the breath-testing device adequately protect the innocent from false conviction.
- Supreme Court hears challenges to new breath tester. Associated Press, 11-6-03.
filed under: Breathalyzer