Can I get the maintenance history of breathalyzer machine from the police department? would there be any restrictions for me.

I was arrested for DUI, and blow a 0.08. And I know that the calibration, as well as, the surrounding environment and elements can have an effect on the viability and accuracy of the test.

Burnsville, MN -

Attorney Answers (3)

Christian Ryan Peterson

Christian Ryan Peterson

DUI / DWI Attorney - Anoka, MN
Answered

Yes, you are entitled to such things as the maintenance record and calibration history of the machine. You can obtain that by making a discovery request to the prosecutor.

Brent Schafer

Brent Schafer

Criminal Defense Attorney - Lilydale, MN
Answered

I agree with both attorneys who have responded to your question. I have traditionally requested the mentioned information directly from the Minnesota Bureau of Criminal Apprehension breath testing division. I believe the cost is $10.00. Simply send a letter requesting history for 30 days prior and after your test. Also, ask for all maintenance records for the machine. It is helpful if you also include a copy of your actual test record. Just another way to get the information. Good luck.

John J. Carney

John J. Carney

DUI / DWI Attorney - New York, NY
Answered

The information you are looking for is part of an omnibus motion that your lawyer will make asking for discovery materials, hearings, and relief from the court. If you are proceeding pro se you are making a big mistake, have a good criminal lawyer handle the case..

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