Breathalyzer Supervisor for DWI cases in Houston Arrested

A Texas Department of Public Safety audit has revealed that the breath tests from eight Houston area police departments have been comprised because the test machines were not properly tested by the certified supervisor.  The machines in question are the breathalyzers that are used to determine if someone is legally intoxicated.

How is the Harris County District Attorney's Office going to handle this tricky situation.  Will current cases be dismissed?  Will there be any retrials of old cases?  I imagine that the prosecutors will have to evaluate each case like there is no breath test.  The likelihood is that you will see more breath test cases going to trial.  Thus, a misdemeanor prosecutor's job just  got harder.

DPS officials said they suspended the supervisor's certification, and the Texas Rangers launched a criminal investigation.

"These are serious allegations and we will not tolerate any activities that call into question the integrity of the breath test system," said Col. Stan Clark, interim DPS director.

If DPS was truly concerned with the integrity of the breath test system they would release the machine's software to the defense bar so it could be independently tested.  Until this happens the machine will never have any credibility.

Lastly, will we be seeing criminal charges against the supervisor?  It seems clear that he may be charged with falsifying government records, a felony.  Stay tuned.