Breathalyzer Accuracy and DWI DUI Conviction Rates

Breathalyzers are devices that are used to measure the level of alcohol in the blood stream of a person suspected to be drunk driving. Breathalyzers have proved to be very convenient and effective for the traffic police all over the world to catch drunk drivers and to measure accurately their BAC levels which determine the level of their charges.

There is one major problem with breathalyzers that has come up over the past couple of years and which could destabilize the faith of the legal system in these devices. This is because a recent study of these devices has revealed that breath tests can vary as much as 15% from the actual results and about one out of four individuals will have a BAC reading that is higher than what their BAC really is. This means that drivers who may have a legal limit of alcohol in their blood system may get charged for DUI because of these incorrect readings.

This is the reason why many lawyers practicing DUI love to target the breathalyzer results while trying to prove the innocence of their clients. Therefore, to maintain justice, fair-play and safer roads; it is important to make sure that the DUI offenders get the DUI charges and even conviction that they truly deserve but innocent drivers should not get troubled by these exaggerated tests.

Another concern that has arisen many times recently is that the DUI/DWI conviction rate may actually be higher than it should be because of the faulty equipment such as old or erroneous breathalyzers that are used to measure BAC levels. A lot of court systems and judges rely heavily on these breath tests without questioning their validity and therefore, these judges would be convicting more people with DUI/DWI. These judges cannot be called impartial or fair who according to the justice system, do not question the validity or accuracy of the breath tests used to measure the BAC level of the suspect drunk driver.

The highest burden of proof in criminal matters is the key of the justice system and the law which means having proof beyond doubt of the offense. When judges and court systems do not take this fact into account, they may actually be convicting and second to jail innocent drivers and thus, disrupting the balance of fairness and justice.

So in light of new evidence being unearthed about breath tests and breathalyzers, the traffic authorities and the courts should employ a more reliable and effective method of measuring BAC to avoid faulty DUI convictions. In a country like the United States, the law is supposed to protect the citizens, even those who are suspected of having committed a crime as long as there is a shred of doubt of their being innocent or not as guilty as they are being made out to be.

Such errors on the part of breathalyzers and such commitment of judges could result in faulty decisions that could cost people their liberty, reputation, honor and not to mention their money and time. So, being part of this community, we need to bring to light these matters that could well affect us anytime as anybody else.

Author Bio

Richard Jacobs is a chief editor since early 2007, and he currently works for MyDUIattorney. A website that helps you to find the right DUI lawyer, you can search for a Maryland DUI Attorney or New Jersey DUI Lawyer online, anytime!