What makes a Breath Test Valid? Accurate?
Before a breath test can be admitted into evidence against a defendant, there must be evidence to show that the test is relevant and valid. The State must produce a witness to testify that the recorded test was valid. That witness usually is a technical supervisor whose job it is to maintain and test the breath test machine.
4 things must be shown in evidence before a breath test result is allowed into evidence.
The technical supervisor must testify under oath that:
1) There are no error messages on the test result;
2) The test result is printed clearly;
3) The Air Blanks on the test read 0; and
4) The test was signed by the operator of the breath test.
Notice anything missing? There is no mention about the ACCURACY of the test. This is a game that is played by the State in every DWI breath test case. The technical supervisor will never testify that the result of the test, say .10 for example, is ACCURATE. However, the supervisor will testify that because the 4 items above are present the test is VALID. This wrangling of words causes problems with defense attorneys and some juries for obvious reasons. Who cares if the test was signed or not? Isn’t it more important that the test is actually correct if we are going to us it to potentially send a person to jail?
