This New York Times article is certainly worth a read. It outlines the problems inherent in the alcohol breath tests that are currently in use. It remains to be seen what action the Alameda County District Attorney’s Office will take in the face of this very bad publicity for alcohol testing instruments. It also remains to be seen what ruling Alameda County judges will make when an effort is made to exclude this evidence at trial.
While inaccurate breath testing creates the potential for innocent people to be convicted, it also creates a public safety concern when the police cannot rely on such testing to remove impaired drivers from the roads.
Note: The Times will not allow a direct link from this page to the article. Search for it by pasting New York Times Breath Testing into your browser.