The Vancouver Sun recently reported a class action lawsuit was filed against British Columbia police alleging that inaccurate breathalyzer devices were used to charged drivers with DUI offenses.

The lawsuit challenges penalties issues under new drunk driving legislation that went into effect last September in the province. That legislation penalizes drivers having a blood alcohol concentration between .05 and .08, as determined by roadside breathalyzers.

According to the complaint, police officers were negligent in their use of breathalyzer devices between September 20 and November 19. Plaintiffs claim that during that time police were using improperly programmed breathalyzers with the result that drivers were penalized when the BAC levels were actually below .05.

The devices that were used were supposed to indicate "warn" if a person's BAC was between .05 and .08. But lab tests later found there was a margin of error in the breathalyzer devices, and that the units could have shown a reading of .05 even if the drier was actually under that level. Over 2,000 of the devices on November 19 were recalled. To fix the problem, the units were re-set so that they provided a "warn" reading when drivers blew a .06 or above.

Between September 20 and November 19, roughly 170 people per week had their licenses suspended, with penalties ranging between $600 to $4,060. If a driver had a "warn" reading within the past five years, the minimum penalty was an immediate license suspension for three days, a $200 penalty and $250 license reinstatement fee. Others, additionally, lost their vehicle for three days, and paid towing and storage fees. Those who had more than one reading above the legal limit faced even harsher penalties.

Plaintiffs to the class action suit seek repayment of costs for those who were improperly punished.

Challenges to the accuracy of breathalyzer tests are not uncommon. For example, New York Jets wide receiver Braylon Edwards recently filed motions in Manhattan criminal court challenging the accuracy of a breathalyzer test administered last September when he was arrested for DWI.

Such challenges can be a key way to fight a DUI conviction.

Source: Vancouver Sun, "Class-action lawsuit challenges DUI charges," Kim Westad, 4 Mar 2011.