After learning that their breathalyzers had been producing tainted results, prosecutors from Santa Clara County have set to the arduous task of re-reviewing hundreds of DUI cases. After reviewing hundreds of breath test results, just one case has been dropped while just a few more have been dismissed or erased from the driver"s record.
In total, there are 858 files that need to be reviewed. Based on their current results, prosecutors believe that about 5 percent of these will yield faulty breathalyzer reports. In many cases, the prosecutors are believed to have additional corroborating evidence that will allow the DUI charge to stay, protecting it from the faulty breathalyzer results. Assistant public defender Nona Klippen-Hughes added that the average blood-alcohol limit was 0.19, more than double the state limit of 0.08.
The faulty machines were first discovered by Ventura County authorities in April. The problem is believed to be a manufacturer"s defect, taking the blame out of the county"s hands, for now.