400 DUI Convictions in DC Based on Flawed Test | Prince William DUI Attorney

We know that field sobriety tests can be administered improperly, and that in some cases, it’s possible to get chemical tests thrown out, but that can require in-depth experience on behalf of your attorney.

For some, it just got a lot easier. Since fall 2008, almost 400 people have been convicted of driving while intoxicated in the District, with about half of them serving jail time. Now, according to D.C. Attorney General Peter Nickles, the machines were improperly adjusted by city police.

The poorly calibrated equipment showed a driver’s BAC to be about 20% higher than it actually was. The problem derived from improper baseline alcohol concentration levels. All 10 machines used by the District police were found to be inaccurate.

While the test results won’t change anything for cases involving accidents/injuries (because additional blood or urine samples would have to be taken), this certainly opens the door for other appeals.

While there are some differences between Virginia and D.C. law, the prosecutor in the District still cannot bring a DWI charge against someone without a .08 test result.

According to Nickles’ office, over half of the 400 people convicted ended up serving some jail time. Nickles office is in the process of notifying drivers affected by the discovery, which so far has prompted at least one lawsuit.

Not all jurisdictions will be experiencing the same problems as the District. If you or someone you know has been charged with a Virginia DUI/DWI, an experienced attorney may be able to make a difference in your case. Contact the Parrish Law Firm, or request a FREE copy of our DWI Special Report to help you stay informed.

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  4. Can the Results of Field Sobriety Tests be Thrown Out of Court?
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