Tuesday , August 21 2018
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Breath Test Problem Discovered

Breath Testing in Nebraska has hit a snag.  The solutions used to verify the machines used to test an arrested person’s breath have cannot be properly verified.  Under Nebraska regulations, the machines must be tested at a minimum with two different solutions that have been verified to test at the level they claim to represent.  Nebraska uses a Certificate of Analysis to verify this information.

The Certificate of Analysis must verify the level of alcohol expected, but also inform people of who was responsible for preparing, testing and ensuring the solution is correct.   However, the person who has been signing the paperwork has not been the person who is preparing or testing the solutions.  The paperwork contains inaccurate and false statements.

 

This problem was discovered and has required a new solutions with proper paperwork and should also require a review to determine if they solutions have been properly prepared.  Pending this issue, breath tests will have difficulty in being admitted, and many counties have turned to blood testing in the event of an arrest.

 

You may read an article in the Lincoln Journal Star about this issue at: http://journalstar.com/news/local/911/breath-test-issue-prompts-questions-about-duis-in-lincoln-elsewhere/article_a45b7c62-7af4-5504-a3cd-f74b0acee4e7.html?utm_medium=social&utm_source=email&utm_campaign=user-share

About Bell Island

Bell Island
Bell Island is an attorney practicing in Western Nebraska and has a substantial DUI Practice. Bell is Nebraska's only Board Certified Specialist in DUI Defense by the NCDD. Bell is also a Regent with the National College and regular lecturer on issues related to DUI Defense and Trial Practice. Bell is past president of the Nebraska Criminal Defense Attorney's Association and a graduate of the Three Week Trial Lawyers College course.

If you would like to contact the author, please visit: http://bellislandlaw.com


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