Many states require the officer to obtain two tests from the arrested subject, 15 minutes apart, with both tests to be within a range of .002 percent of each other to ensure scientific accuracy. Missouri, however, is a single-test state.
Breath tests are not exempt from the science procedures used in all good analytical testing. Breath tests need to be confirmed, duplicated and controlled. Quality assurance is a necessity in breath testing. Scientific safeguards are essential to assure accuracy in breath testing. Although Missouri does not require two tests for confirmation, and duplicity to ensure accuracy, the following essential safeguards are required:
The most common errors that occur in breath testing:
One must spend time with the alcohol influence report, breath test print out and maintenance report. In all cases involving breath or blood tests, a defense expert should be utilized. Do not rely on the state’s expert to try and put forward your theory as to the deficiencies of the scientific tests. If you use someone else’s mule, you will be kicked.
