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Is the Kansas Blood Alcohol Program Incorrectly Certifying Breathalyzers?

According to Kansas Administrative Regulations (K.A.R.) 28-32-0 (b)(5) "For quality control, each device custodian or device custodian's designee shall test each EBAT device once each calendar week using the alcohol standards furnished by the department. The agency custodian shall report the test results to the department monthly on forms provided." The KAR is setting it's own rules in that section, presumably to ensure fair due process to suspects and defendants accused of DUI. If the machine isn't properly maintained and checked for quality control, any results from that machine should arguably be suppressed. Furthermore, the police station or agency in charge of the machine should have the Intoxilyzer 8000's certification taken away as the KAR says "(f) Certificate suspension or revocation. The failure to comply with this regulation may be grounds for suspension or revocation of the agency's certification." In Kansas, we are finding tha6t some machines have in fact not been maintained correctly and that quality checks have not routinely been performed. Yet, the Blood Alcohol Program in charge of certifying the machines has not used their discretion to remove the certification! According to Christine Houston, the supervisor of Kansas's BAP, she didn't want to punish the agency for one person's mistake. I guess the rights of DUI suspects and those accused of drunk driving simply don't matter. Unbelievable!

As a drunk driving defense lawyer, I recently finished a DUI trial where the Kansas BAP was involved. Amanda Thurman from the Kansas Blood Alcohol program testified on behalf of the government and did everything she could to validate the breathalyzer, despite issues with the machine. As a criminal defense attorney, I did not feel that they were a neutral facilitator, but rather just another part of the prosecuting team.