The DWI breath test technical supervisor at the League City Police Department was fired, and now thousands of drunk driving cases are in question.
The female employee was fired in June for what the city called "performance issues."
According to documents from an internal investigation that were obtained by Eyewitness News, the employee's performance was so poor that it created a "ticking time bomb" that could "jeopardize the integrity of the entire program."
It appears that the time bomb has now been detonated.
What those affected can do
Dozens of our firm's DWI cases could have been impacted by the employee's careless work, and thousands of other DWI cases across the Gulf Coast may be affected because the League City Police Department did breath-test work for nine police departments in four counties.
District Attorney's Offices have been forced to send letters to defense lawyers with pending DWI cases that rely on breath test evidence processed by the former employee, but past convictions could be affected as well.
In fact, any case that relied on breath test results that involved the League City Police Department machines are now in question. However, it is up to individuals and their attorneys to demand justice. Contact your defense lawyer immediately if you believe that your DWI case may have been affected.
Internal documents show that the former employee's performance has been problematic for at least two years.
How breath-testing devices work
Breath-testing devices, also known as breathalyzers, are used to evaluate the blood-alcohol level in a DWI suspect's blood using a breath sample. However, in order to work properly, the devices require proper maintenance and calibration. They also require that operators have been trained and are conducting the tests appropriately.
Check out this article for a more in-depth discussion on the matter.