The D.C. DWI Scandal: The Latest Developments

by Jamison Koehler on December 15, 2010

On November 23 and December 2, 2010, I reported on the latest developments to come out with respect to the complete bungling of DWI breath test results in the District over the last ten years. Bryan Brown and Thomas Key have been leading efforts by lawyers handling DWI cases in D.C. to find out more about problems with the breath test machines. These efforts have been met with complete obfuscation by the D.C. Office of the Attorney General.

I was surprised that Mary Pat Flaherty of the Washington Post, the reporter who broke the original and more limited story last February, did not seem to have picked up on the latest developments, and I have been waiting for some news outlet to report on the story. Posted below are videos from the two news accounts that Fox News finally did last night.

I should note that respected DC attorney David Benowitz is absolutely correct in discussing the ramifications of the faulty breath test results in the first video. I should also note that the attorney in the second video mischaracterizes the options available to a person who has been arrested for DWI in D.C. The city’s diversion program for DWI offenders was eliminated last January.

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