The Alcotest 7110 records all tests, maintenance, and other protocols associated with the machine, and the related data is available for download. The State Police breath test coordinators undertake semi-annual downloads of this data when they conduct the periodic calibration of the breath test. The calibration process essentially involves use of an external simulator to introduce solutions into the breathalyzer that mimic human breath samples at predetermined levels. The purpose of this protocol is to measure whether the breathalyzer is working properly by producing the expected BAC reading accurately (i.e. “within acceptable tolerance”). When this testing is performed, the coordinator also conducts a download of the internal data, referred to as digital data. This information is maintained by the state police and shows how the machine has functioned over the six month period. While interpreting this data is somewhat complex, attorneys at our firm have experience analyzing this information. The download can often provide insight as to possible defenses, including internal errors and faults with the machine. When an individual retains our firm, the Law Offices of Jonathan F. Marshall, we explore any and all areas of defense, and digital data analysis is one of the tools we use unlike many DWI defense lawyers.
Disclosure of Digital Data by the Prosecutor
In accordance with State v. Chun, it is acknowledged that this breath test device can fail and is susceptible to programming issues and fuel cell drift. As a result, the Supreme Court imposed a requirement that every Alcotest be calibrated every six (6) months and the stored data downloaded at that time. The state is to provide discovery of this information to individuals charged with DWI. This is typically accomplished by providing defense counsel with a computer disc containing the digital data for related six month period.
Failure of the State to Provide a Digital Download
As stated, the prosecution is obligated to provide the downloaded data. However, it is important to understand that since this information is only compiled every six (6) months, insistence for this discovery almost always prevents a court from adhering to the directive by the administrative offices of the court that a DWI case be resolved within (2) months of issuance of the related summons. When this factor is coupled with the difficulty that the state frequently can have in timely producing this information, a strong fight on production and analysis of Alcotest download data can be very effective.
Exceptional DWI Defense Team
The DWI defense attorneys at our office are always happy to review the facts of a potential case. These consultations are free of charge so don’t hesitate to contact us anytime 24/7 for assistance from an experienced lawyer.