Wednesday, July 13, 2016

the Minnesota Bureau of Criminal Apprehension admits breath tests are more than 3 times as inaccurate as urine or blood tests, potentially negating hundreds of pending DWI cases were drivers were close to the legal limit

Yesterday, in court, for the first time, a BCA scientist revealed that they are now willing to share just how inaccurate Minnesota’s breath tests actually are. The number they cited was basically “0.01,” an uncertainty figure that specifically applies to tests around the 0.08 level, and more at higher levels.

Consider this fact, helpfully provided by the Department of Public Safety: annually, Minnesota sees approximately 2,000 drivers who provide a breath sample between 0.08 and 0.09 and get charged with a DWI. With this new information, those drivers are very much "not guilty."

It’s not often that science prevails in a legal battle, especially when government scientists are doing their best to convince judges that the science doesn’t matter.

 Today it matters.

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