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Researchers Say a Breathalyzer Has Flaws, Casting Doubt On Countless Convictions (zdnet.com)

Posted by msmash on from the security-woes dept.

An anonymous reader writes: The source code behind a police breathalyzer widely used in multiple states -- and millions of drunk driving arrests -- is under fire. It's the latest case of technology and the real world colliding -- one that revolves around source code, calibration of equipment, two researchers and legal maneuvering, state law enforcement agencies, and Draeger, the breathalyzer's manufacturer. This most recent skirmish began a decade ago when Washington state police sought to replace its aging fleet of breathalyzers. When the Washington police opened solicitations, the only bidder, Draeger, a German medical technology maker, won the contract to sell its flagship device, the Alcotest 9510, across the state. But defense attorneys have long believed the breathalyzer is faulty. Jason Lantz, a Washington-based defense lawyer, enlisted a software engineer and a security researcher to examine its source code. The two experts wrote in a preliminary report that they found flaws capable of producing incorrect breath test results. The defense hailed the results as a breakthrough, believing the findings could cast doubt on countless drunk-driving prosecutions.

9 of 170 comments (clear)

  1. ...which is why by Anonymous Coward · · Score: 2, Interesting

    They take blood now, and refusal is an automatic conviction. The breath thing is just to let them know if they need to go to the trouble of calling a phlebotomist to the scene.

    1. Re:...which is why by rogoshen1 · · Score: 4, Interesting

      FYI, if there's even a SHRED of doubt, always opt for the blood test. Especially considering things like mouth wash, or ketones can result in a false positive. As an added bonus, that extra time waiting for the blood draw means your BAC is decreasing.

      Thanks MADD, you co-opted the 5th amendment with your prohibition agenda.

    2. Re: ...which is why by Anonymous Coward · · Score: 2, Interesting

      Also, I would ask for an extra vial be taken for independent analysis (by my lawyer).

      Don't know if you can do that, but frankly, it seems right.

    3. Re: ...which is why by reanjr · · Score: 3, Interesting

      Not true. They simply revoke your license. You are not required to submit to any needles going in your body.

    4. Re:...which is why by Anonymous Coward · · Score: 4, Interesting

      Thanks MADD, you co-opted the 5th amendment with your prohibition agenda.

      You have no idea how true this is. In New Jersey, when they arrest you, they read this laminated card with a a detailed description of how and why you have no rights, why you must submit to a breathalyzer on the spot or automatically be found guilty as well as face additional (double) penalties for refusing, and how you have no right to consult with a lawyer before deciding. You are also not allowed to ask any questions or clarifications. If you have any questions, they simply repeat the card verbatim.
      In addition to the completely obvious unconstitutionality of it, they see no hypocrisy in how the state's official position is that you "consented" to the test, even though if the test does come up positive, that proves that your consent was given while you are drunk, which in any other part of the legal system means that you did not consent.
      Then of course there is the issue of how haphazardly calibrated these machines are, how wildly inaccurate they are, and so on.
      Even still, even when the prosecution can't prove probable cause, and even if they lose the evidences for 9 months while they jerk you around, with constant continuances, they still end up convicting 100% of the time. No jury BTW, just a judge who is buddies with all the cops.
      Meanwhile, if you are rich, you can just bypass it all as your expensive lawyer winks at the judge and you don't even lose your license.

      Our "justice" system is a complete joke.

    5. Re: ...which is why by Anonymous Coward · · Score: 1, Interesting

      Considering you lose that license for as long if not longer when you submit and get convicted, I'm not sure it's really even a punishment.

      Never agree, lose the license and keep your record clean.

  2. All about the $$$ by Zorro · · Score: 4, Interesting

    A Drunk Driving conviction is big business in California.

    Of course they would tweak the test to get more and more money.

    You can easily spend $15K if you get one.

  3. Re:Not in Europe by will_die · · Score: 2, Interesting

    It really depends on the state. One major difference is that in the US taking of blood is consider unreasonable search so police have to show a reason or you have to volunteer to give it. Also in most US states the legal limit is higher than Europe. there are a few states that use the 0.05% limit but that is usually for minors. Everywhere else the limit is 0.08%
    In the majority of states you will require you to blow when stopped(where this machine looks to be used), that reading is worthless except to show that you had alcohol in your system; or you can request a blood test or refuse which means you automatically loose your license. At that point, if positive, you would be arrested. You will then be taken to the police station and required to blow into a more exact system and if below legal limit you are freed otherwise that previous arrest is still in effect and you will probably be prosecuted.
    the defense claim here is that the people were arrested because of faulty equipment and because of that they would of never been taken in for a blood or additional test. Since they should of never been arrested those additional tests were illegally taken and need to be thrown out and any convictions based on those need to be dismissed.

  4. Legal gambling ahead, stop drinking already! by Anonymous Coward · · Score: 2, Interesting

    Having worked at Draeger I am somewhat biased but I will also be able to provide a more in-depth description of the company itself. The company manufactures loads of equipment for diving (tanks, breathing apparatus), fire prevention, fire detection, infra-red cameras, alarm systems and more. Everything is obviously thoroughly documented, tested and accounted for due to risk of life. The R&D floor at the office I worked housed proper chemical and electronics labs containing millions of dollars worth of inventory. I find it hard to believe that there are "serious" issues with these breathalysers, especially considering they are sold not just in the US but dozens of other countries.

    The real issue is with police departments not taking proper care of these machines. Not following calibration procedures and using them in out of spec environments (eg. near an air conditioner set to full blast). I know for a fact officers using this equipment can't be bothered to read the "MOUTHPIECES ONLY" sign on the returns barrels as I usually found at least 20 USED needles, condoms, pills and other trash in every barrel.

    Regardless, this is just a bunch of convicted drunk drivers that want to argue numbers to get out of jail and refuse to drive sober. Even if the device was off by 6% (as claimed in the article), zero will still be zero.

    Lets be real, police officers are not fond of paperwork and they will only test you if they have good reason... When they see you swerve all over the road being at least twice over the legal limit, the test itself is just to prove objectively that you are drunk.

    If only these people would invest as much effort making sure people don't drink and drive, drunk drivers wouldn't be the cause of for the vast majority of accidents.