How Reliable Are Alaska DUI Breath Tests
Reader’s Question:
I have heard a lot of stories questioning the reliability of a breath test in a DUI case. If I will be arrested for DUI in Alaska, how can the result of the breath test be excluded as evidence in a DUI case?
Brooke
Anchorage, AK
The use of the breath testing machines to obtain the blood alcohol content of a driver arrested for DUI has been widely criticized since law enforcement has employed the device in an effort to seek convictions for those suspected of DUI. Rationally, many safety standards have been put into place in order to attempt to minimize the number of innocent persons being convicted for DUI. So if you would be arrested for DUI in Alaska, there would be countless reasons that the court could rule to exclude ‘breath test evidence.’
It could be a ground for suppression of evidence if the breath test machine has not been calibrated because it needs to be regularly maintained and serviced to ensure accurate results. The breath test result could also be excluded if the police officer failed to observe the driver for a period of 20 minutes prior to administering the breath test. It would also constitute as a failure of legal procedure if the technician who performed the test is not properly certified and is not current with his/her educational requirements, thus breath test results should be excluded from the state’s evidence.