May 17th, 2011
Posted in MONTPELIER, Vermont – Dozens of DUI convictions in Vermont may be thrown out due to a mistake in the software of a breathalyzer device.
Breathalyzer exams that were performed by a DataMaster DMT machine at a Vermont State Police barracks are now in question due to a faulty setup of the device in question.
Following inquiries by two defense attorneys, authorities are now claiming that the breathalyzer device was not set up properly. This could lead to several criminal cases being reopened and convictions being thrown out.
Not only are recent DUI cases in jeopardy of being thrown out, but hundreds of others as well. The problem stems back to 2008 due to issues with the state Department of Health’s maintenance of the breathalyzer devices.
The state Health Department’s breath-testing program has now been terminated; however, the department is claiming that the machines were not faulty.
Officials claim that human error is involved and at least one machine at a Vermont police station was operated for almost an entire year without a self-check function that assures that it is working properly.
The DataMaster DMT machine cost over $6,000 each and use infrared light to detect the presence of alcohol in the suspect. Each device is supposed to perform a self-check to measure the alcohol content of a control sample before it tests a suspect’s breath.
By failing to activate the self-check, the readings given by the machine could be completely skewed.
However, prosecutors in Windsor and Orange counties have stated that they do not plan on seeking the dismissal of DUI convictions that were brought on by readings from the DataMaster DMT devices due to the fact that additional evidence was used in the cases that lead to the convictions.
This occurrence is similar to the problem that numerous California cities are facing due to faulty breathalyzer exams. Many DUI convicts may have their records wiped clean because of the error in the devices.
If you have been charged with driving under the influence, seek the help of a DUI lawyer right away to fight for your rights. Regardless of whether you were one of the cases that involved the DataMaster DMT machine or if other evidence was used against you, DUI attorneys can help you fight your charges and ensure the best possible outcome for your case.
Many times, motorists are charged with DUI without any evidence whatsoever. They are arrested because of police suspicion alone and the charges stand up in court. If this has happened to you, rest assured that your DUI lawyer will not let you suffer the consequences of a crime you did not commit.
Even if you were in fact driving over the legal limit of alcohol consumption, your DUI attorney will do everything in their power to ensure that your charges are either significantly lowered or dropped altogether.
Without a top DUI lawyer working on your case, you may be forced to pay expensive fines, have your license revoked, car impounded and may even be sent to jail. Contact the offices of a leading team of DUI lawyers today to fight your case in court and ensure that your case ends quickly and in your favor.
Tags: Alcohol Content, California Cities, Convicts, Defense Attorneys, Department Of Health, Dui Cases, Dui Convictions, Human Error, Infrared Light, Jeopardy, Montpelier Vermont, Orange Counties, Police Station, Prosecutors, Self Check, State Department Of Health, State Health Department, State Police Barracks, Vermont Police, Vermont State Police
