Last February, an outside consultant working for the Metropolitan Police Department discovered that the breathalyzers then in use had been programmed erroneously and had not been checked for accuracy. Specifically, those machines were inflating blood alcohol levels by about twenty (20) percent. Last year, the District of Columbia changed its breathalyzer model after discovering that nearly 400 people since 2008 had been convicted of drunken driving based on erroneous test results, and half of them went to jail, generally for at least five days.

While the District procures new, accurate breathalyzers, police officers and prosecutors will rely on urine tests in addition to field sobriety checks. It is estimated that Metropolitan Police Officers test about 123 suspected drunk drivers a month. The urine tests are much more expensive, costing about $75.00 each, compared with less than $10.00 for a breath test. According to Attorney General Irvin B. Nathan, the added expense is necessary to bolster confidence in a process has been plagued by problems with accuracy. A federal highway grant will cover the extra cost of urine testing.

In the District of Columbia, a defendant can be convicted of driving while intoxicated – the most serious drunken-driving charge – based solely on a breath test showing a blood alcohol level of at least 0.08. The city notified affected defendants but left it to them to contest their convictions.

The attorneys at Patel & Williams handle all types of DUI/DWI charges in Maryland, the District of Columbia, and Virginia. Contact one of our attorneys to day to schedule an appointment.