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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.

4 of 170 comments (clear)

  1. 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.

  2. 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.

  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.