Drink-driving_test_reliability_is_probed

Hundreds of motorists face being wrongly convicted owing to faulty breath-testing equipment that is in widespread use across the county, a criminal practitioner claimed this...Hundreds of motorists face being wrongly convicted owing to faulty breath-testing equipment that is in widespread use across the county, a criminal practitioner claimed this week ahead of a possible judicial review on their use.

Clive Lambert, a partner at London firm Whitelock & Storr, said there was evidence that the Intoximeter EC/IR had an inherent defect which meant the machines could not distinguish between mouth and breath alcohol.This distinction is necessary as substances like mouth washes and breath fresheners often contain alcohol.Home Office guidelines on breath-testing instruments state that where mouth alcohol is detected, an appropriate read-out should be recorded.According to Mr Lambert, independent tests on 29 Intoximeter EC/IR machines have shown them to have a similar fault.Mr Lambert, who is considering with a client whether to bring a judicial review on the use of the machines, said: It seems as if these machines are not compliant with Home Office specifications.

Until that is changed, people could be defending cases properly, but on a technicality, or they could face an unlawful conviction.A Home Office spokesman said tests had been carried out on the Intoximeter EC/IR and two other evidential breath-testing instruments by the Forensic Science Service to establish their effectiveness.

The Home Office is satisfied that the information is valid and any drink-driving prosecutions are safe, he added.Sue Allen