Earlier this year, the news media reported that the Metropolitan Police Department discovered that some machines used to determine a person's blood alcohol concentration were not calibrated correctly or were not working properly. An investigation into the matter revealed that the results of Department's Intoxilyzer machines, which are larger than the roadside breathalyzers, have been used to convict at least 400 people of DUI and DWI. Over half of the convictions resulted in jail time. Even when functioning properly these machines are not infallible in assessing a person's BAC, and that field sobriety testing can be subjective when being used to determine someone's level of intoxication.

While earlier reports found that at least eight of the ten Intoxilyzer machines used by the DC Metropolitan Police Department were working improperly, the investigation revealed that all ten machines were in fact defective. The machines were not calibrated correctly and showed a person's BAC to be up to 20% higher than it actually was. Unfortunately, some people convicted of DUI based on the faulty Intoxilyzer readings had already served mandatory jail sentences, paid heavy fines, and lost driving privileges as a result of their convictions. Veteran DC DUI attorney David Benowitz calls for action from the DC Attorney General Peter Nickles, but feels he is "just not willing to deal with the situation." The discovery of the flawed readings will keep DC DUI attorneys busy as those convicted by the inaccurate readings call for new trials and expungements. At least one lawsuit has already been filed.

Prior to clinical sobriety tests, a person may be subject to field sobriety tests if he or she is pulled over and the officer suspects DUI. Sobriety tests often include the Horizontal Gaze Nystagmus test, which assesses a person's ability to smoothly track an object with the eyes; and the One-Legged Stand and the Walk and Turn, in which the officer looks for clues that suggest impairment, including balance and ability to follow directions. An officer's interpretation of these tests can be highly subjective or can inaccurately predict a person's impairment through a lack of officer training.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DUI Attorneys and Virginia DUI Lawyers websites.