There is a lawsuit pending against the District of Columbia brought by people wrongly convicted of DUI based on improperly calibrated breathalyzer machines. In 2010, the District government announced the calibration on the Intoxilyzers had been flawed, which caused heightened breath-alcohol readings by as much as 30%. A federal district court judge refused to dismiss the charges against the person who was employed by the county and was responsible for the calibration checks and for fixing any problems. He had moved to dismiss the suit based on Immunity: claiming that since he was acting in his official capacity with the government, he could not be sued in his individual capacity. However, the judge denied that claim, allowing for him to be sued directly by the improperly convicted individuals.
Finally, some accountability in the DUI machine!
In Arizona, we also have people whose job it is to ensure that the breath-test machines are calibrated properly and to correct any problems that the machines may be having. At the Law Offices of David Michael Cantor, in Intoxilyzer cases we always interview these individuals to ensure that they have been keeping the machine up to date. A responsible defense attorney knows how important it is to keep on top of these officials!