If you received a breathalyzer test from a Missouri police officer between December of 2012 and February of 2014, a new ruling out of the Missouri Supreme Court may affect you. According to the court decision, breathalyzer machines must be calibrated using no less than three testing solutions, but for 14 months the machines had only been calibrated using one. Thus, an estimated 4,000 people who received tests for DWI during this time frame may have lost their liberty over evidence that should have been dismissed.
An attorney alerted state officials and other lawyers throughout Missouri after he discovered the loophole. The case was thereafter brought before the state’s high court.
How are Breathalyzers Supposed to be Calibrated?
Breathalyzer machines, which are regulated by the Missouri Department of Health and Senior Services, must be calibrated within a period of 35 days in order to ensure that they are working properly. Furthermore, specific wording (“and” rather than “or”) within the regulations for breathalyzer maintenance have required since 2012 that the machines be calibrated with three testing solutions (.04, .08, and .10). However, according to former police officer and expert DWI witness, Travis Jones, these changes were supposedly never communicated to the officers in charge of calibrating the machines, who continued to calibrate using only one solution.
Contact a St. Louis DWI Attorney Today
When a person’s liberty is at stake, there should be no doubt when it comes to ensuring that a breathalyzer machine works. If you are a Missouri resident who was tested during this time and suffered a loss of liberty including jail time, suspension or revocation of driving privileges, loss of livelihood, or other financial losses, we encourage you to contact The Hammer Law Firm, LLC. Request a consultation with a St. Louis DWI attorney today.