Backdoor Breath Tests: Bypassing the Constitution and Bastardizing Science In One Blow -- A New Blog Series From Ramsay Law Firm

Posted On May 03, 2016 by Jay Adkins

By far, the most common tests given to DWI suspects in Minnesota are breath tests; and while the Minnesota BCA, prosecutors, the Attorney General, and many judges hold these test results to be gospel and unassailable, they suffer from inherent limitations and a lack of essential scientific information.

We will explore why breath tests are law enforcement's preferred method of alcohol testing, the flaws in Minnesota's current breath test scheme, and the BCA's attempt to avoid fundamental scientific practices for breath tests in a multi-part series titled: Backdoor Breath Tests: Bypassing the Constitution and Bastardizing Science In One Blow.

This blog series will span through the months of May and June (and maybe July), so check back often. The content will be in-depth and comprehensive, but it will definitely be worth following. By the end of the series, you will have a strong understanding of the major flaws of Minnesota's current breath test scheme, including the lack of measurement uncertainty with breath test results and the associated legal challenges.

Part I: Why Use Breath Tests At All?

Part II: Scientific Community's Stance On Measurements

Part III: Measurement Traceability & Accuracy

Part IV (a): Breath Tests In Implied Consent (License Revocation) Cases

Part IV (b): Breath Tests in Criminal Cases

Part IV (c): Attempts To Keep Science Out Of The Courtroom

Part V: Court Transcripts

Part VI: Science Prevails! BCA Admits Defeat, Admits To Major Inaccuracies