Minnesota BCA halts breathalyzer tests: Attorney who flagged issue weighs in
BCA halts breathalyzer tests: Attorney weighs in
The Minnesota Bureau of Criminal Apprehension said it suspended the use of breathalyzer tests and ordered a review of the devices after it found errors with them in multiple counties. FOX 9's Mike Manzoni spoke with the attorney who flagged the issue, who said the error could impact thousands of cases.
MINNEAPOLIS (FOX 9) - The Minnesota Bureau of Criminal Apprehension on Friday said it suspended the use of breathalyzer tests and ordered a review of the devices after it found errors with them in multiple counties.
BCA suspends breathalyzer testing, orders review
What we know:
On Friday, the BCA said it paused the use of breathalyzer tests statewide and ordered a review of the devices after it found errors in some cases that made the results unreliable. The agency said the issue involves the dry gas cylinders that are installed in the devices and used as a control for accurate readings.
It said in some cases the operators maintaining the devices entered incorrect data, which produced unreliable results in more than 100 cases across at least five counties. The counties impacted include Hennepin, Olmsted, Aitkin, Winona, and Chippewa.
The fallout:
The agency said at least 146 cases were impacted by the faulty devices. Prosecutors in Aitkin County withdrew a case on Oct. 2, saying they could not rely on the results from the device used and could no longer prove their case in court.
Defense attorney who flagged issue says errors could impact thousands of cases
What they're saying:
"If anybody has a breath test DWI charge pending in Minnesota today, they should not plead guilty until after this issue’s resolved," said Chuck Ramsay, a Roseville-based criminal defense attorney who represents the Aitkin County client. "There are 20 some thousand DWI breath test cases every year, and these machines have been in operation for about 13 years. I know all of them aren’t bad, but some of them are bad. But where does it fall in that continuum? Nobody knows right now."
What's next:
The BCA said its technicians will now handle maintenance for the devices to prevent future errors. Before the issue was uncovered, technicians from multiple law enforcement agencies were trained to maintain the devices.