Earlier this year, it was reported that some of the Intoxilyzer machines used to measure a person's blood alcohol concentration by the Metropolitan Police Department had been either incorrectly calibrated or were not giving accurate results. Since the fall of 2008, nearly 400 people have been charged with driving-alcohol related offenses based on these inaccurate results. Over half of these people served jail time for the mistake. Though some believe the results of a breath alcohol exam to be infallible evidence, Virginia DUI attorneys are aware of the importance of other forms of evidence against someone in a Virginia DUI or DWI.

Early reports found that at least eight of the ten Intoxilyzer machines used by the DC Metropolitan Police Department were defective, but a recent investigation into the matter deemed all ten of the machines to be inaccurate. The equipment was so badly calibrated that it would show a driver's BAC to be up to 20% higher than it actually was. Although acknowledgement of the problem is a starting point for the Metropolitan Police Department, there are still many people who served unnecessary jail sentences, paid heavy fines, lost driving privileges, and sacrificed greatly as a result of these inaccuracies. The DC Attorney General's office has begun notifying those drivers affected by this mistake, which has led to at least one lawsuit against the District of Columbia. In a recent press release, DC DUI Attorney Price Benowitz, LLP expresses his lack of confidence in the Attorney General's willingness to face the enormity of the issue.

There are many tests that an officer can use to determine if a person has been driving under the influence of alcohol or while intoxicated aside from the breath alcohol exams. Many times, a police officer uses the Horizontal Gaze Nystagmus test, which follows the driver's eye movement, the One-Legged Stand and the Walk and Turn, which determine if a person's balance and ability to follow directions have been impaired. These tests are not always accurate themselves since they may be difficult to perform regardless of one's intoxication level or a police officer may inaccurately determine a person's impairment due to human error. It is the responsibility of a Virginia DUI Lawyer to ensure that a driver charged with a DUI or DWI is treated fairly and judged on accurate evidence.

This article is presented by The Law Offices of Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DWI Attorneys and Washington DC DWI Lawyers websites.