D.C. Police Acknowledge Faulty Operation of DWI/DUI Breath Test
by Jamison Koehler on February 28, 2010
D.C. police have recently admitted what criminal defense lawyers have long been claiming; namely, that the Intoxilyzer 5000 EN machine, which is used in the nation’s capitol to measure a suspect’s blood alcohol content after an arrest for DWI or DUI, has not been operating properly. As a result, the Office of the Attorney General in D.C. has been reducing or dismissing charges against hundreds of people arrested by D.C. police over the last couple of years under suspicion of DUI or DWI. According to the Washington Examiner, the time period in question is October 2008 to February 12, 2010.
Anyone arrested by the Metropolitan Police Department for DWI or DUI during this time period should contact his or her lawyer to see if relief might be available. I will contact my own clients who may be affected by this development directly. It is still unclear how this news might affect people arrested by either Capitol or Park Police.