When someone chooses to drive drunk, you don't want any doubt about the accuracy of the breathalyzer. Valid breath tests that hold up in court protect the accused, and all the rest of us on the road.
Colorado's breath tests are on trial in one man's DUI case in Gilpin County. For more than a year, the state was stamping breathalyzer machine certifications with the name of someone who used to work there.
That presents a legal question about all those results, and for the second time this year, the Colorado Criminal Defense Bar is asking the Governor to conduct an independent investigation.
"If they weren't properly certified, and the process wasn't properly done to make sure that they are reliable, then how can we ever say that they're reliable?" said Jay Tiftickjian with the Defense Bar. "If they don't give us enough information to trust them with, how can we trust it? So no, breath testing in the state of Colorado right now is not reliable. And it's up to the Governor to make sure that it becomes reliable."
The Governor's spokeswoman told Next there will be no independent investigation and they have confidence in the results.