Judge King Rules Alcotest is Reliable - State v. Chun

[2/14/07 - 12:12 pm] The long anticipated findings of Judge King, P.J.A.D.
(ret.) were released this morning and are attached to this e-mail. In his
report to the Supreme Court, Judge King finds that the Alcotest is a
generally reliable scientific instrument for determining the blood-alcohol
concentration of living human beings. His report will be the foundation
for the factual findings and conclusions of law when the Supreme Court
ultimately rules on the scientific reliability of this instrument later
this year. In his report, Judge King also made numerous procedural
recommendations designed to enhance the accuracy of the instrument’s test
results and the fairness of its use to DWI defendants. Among those
recommendations were:

1. The use of a breath temperature sensor by the state.

2. A downward adjustment of 6.58% downward adjustment to all BAC readings
until the breath temperature sensor is put in use.

3. Communication of data obtained from alcotest units to a central
database on a periodic basis.

4. A minimum air sample of 1.2 liters for women over the age of 60 and a
general 1.5 liters of air requirement for the remainder of the population.

5. A listing of the foundational documents required for admissibility of
the Alcotest results, said documents to be admitted as business records.

6. A tolerance range among the 4 readings produced by 2 tests that would
be "tightened" to a range of 10% of the average of the 4 readings.

Following the publication of this report, the attorneys involved in the
case will have approximately two weeks to submit their briefs to the
Supreme Court. A date for oral argument should follow.

Click here for a complete copy of the report in PDF format.