Ventura County DUI convictions may be overturned due to a defect in a number of portable preliminary alcohol screening tests aka PAS tests.
These hand-held DUI breath estimating field tests result in inaccurate blood-alcohol readings.
Ventura County District Attorney's Office wrote California DUI criminal defense lawyers that 8 of Intoximeter's Inc.'s Alco-Sensor V gadgets produce "erratic results" in tests from January 20, 2011 through March 31, 2011.
Despite buying 128 of these unreliable DUI gadgets at about $4,800 per device, DUI police in that part of California have ceased in utilizing them.
Alco-Sensor V's defective mouthpiece causes "irregular readings."
So even though these defective machines have had "no evidentiary value" in court, folks have been convicted for California DUI or pled guilty to Vehicle Code Section 23152.
In January 2011, Ventura County Sheriff Geoff Dean announced the microphone-sized instrument would improve safety in the community, providing instant reading of a motorist's blood-alcohol level. He just didn't say the reading would be irrelevant.
Temperature is a factor in the false numerical readings, attorneys are told.