Loss of Records Leads to Dismissal of Arizona DUI Cases

Records verifying accuracy of breath test equipment lost.

A Justice Court in Pinal County has dismissed at least four cases of drunk driving in Arizona because the county sheriff’s office did not keep necessary records verifying the validity of breath tests. At least two more arrests are being reviewed and an internal audit is currently being undertaken.

The Pinal County Sheriff’s department is responsible for keeping documents that show that Intoxilyzer 8000 equipment used to determine a motorist’s blood alcohol content had been properly tested and maintained. It has been revealed that the department could not produce the results of quality assurance tests for a 14 month period; from April 2007 to June 2008. According to the sheriff’s department, the equipment is supposed to be calibrated every 30 days and undergo more rigorous tests every 90 days. Documentation of the maintenance is to be kept by the department until all pertinent criminal cases are finalized. Improperly maintained equipment could result in an inaccurate BAC reading and a false conviction for drinking and driving in Arizona.

Concerns were expressed by the Pinal County prosecutor after not receiving records despite repeated requests, and a complaint was documented in a May 2008 email. An internal investigation into the records keeping was launched in June, though news of the records loss was not revealed until an announcement this week.

The loss of maintenance records involves cases in front of the Apache Corner Justice Court, and covers Arizona DUI arrests in the Santan and Gold Canyon areas of Pinal County.

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