The Search for Truth Continues to be Difficult when Evaluating Cases • Breath Alcohol Testing

Since the mid-1980s, the emergence of data capture on various breath test devices has progressed into larger memory storage and remote diagnostics. The intention was for governrnent employees and the manufacturer to examine the data for quality assurances, operational monitoring, diagnostics that included software/hardware issues. However, once word had become well known in the defense attorney community, often through well trained independent experts, hiding data and information became increasingly difficult when searching for the truth in a case. In the 1990s and into the early millennium, many agencies denied that such data existed and scoffed at the idea that such data existed. Often through litigation with hired expertise, eventually the data was made available to a defendant’s council and/or expert.

Some states argued the process was too tedious or too costly to print. Although, the information has always been available in a spreadsheet format using software provided to government agencies from the manufacturer. Other states made the data easily available upon request to dedicating Internet access to the public, defense attorneys’ or experts.

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By. Dr. Ronald Henson