BCA: Up to 276 DWI cases flagged in breath-test review; some devices can resume after checks
The Minnesota Bureau of Criminal Apprehension has flagged up to 276 DWI cases after finding operator data‑entry errors when changing dry gas cylinders on breathalyzer machines—devices in service about 13 years—that may have produced unreliable results; at least 146 cases were previously identified and affected counties include Hennepin, Olmsted, Aitkin, Winona and Chippewa, with Aitkin prosecutors already withdrawing a case on Oct. 2. The BCA ordered inspections, said agencies may resume using devices after a five‑minute check, will have state technicians handle cylinder changes going forward, and will review each potentially impacted test case by case.
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Public Safety
📌 Key Facts
- The Minnesota BCA now estimates up to 276 DWI cases statewide may be impacted by unreliable breathalyzer results (up from an earlier count of at least 146).
- The BCA says the problem stems from human/operator data‑entry errors when changing dry gas cylinders used to calibrate devices; not all flagged tests will necessarily be inaccurate and each will be reviewed case‑by‑case.
- Affected counties identified so far include Hennepin, Olmsted, Aitkin, Winona and Chippewa; Aitkin County prosecutors withdrew a DWI case on Oct. 2 because the device’s results could not be relied upon.
- Agencies may resume using breathalyzers after performing a simple five‑minute check that confirms the device is functioning properly.
- There are 220 breathalyzer devices deployed statewide and about 4,500 trained users; the devices have been in service for about 13 years.
- Going forward, the BCA will have its own technicians handle dry gas cylinder changes and device maintenance (previously done by trained agency technicians statewide).
- Defense attorney Chuck Ramsay, who flagged the issue, cautioned defendants not to plead guilty until the BCA’s review is resolved.
📚 Contextual Background
- Minnesota law classifies investigative data collected or created by a law enforcement agency to prepare a case as confidential or protected nonpublic while the investigation is active.
📰 Sources (3)
Minnesota BCA identifies more cases impacted by breathalyzer errors
New information:
- BCA now estimates up to 276 DWI cases may be impacted statewide (up from at least 146).
- Agencies may resume using breathalyzers after a simple five‑minute check confirms the device is functioning properly.
- BCA Superintendent Drew Evans said errors stem from human mistakes when changing dry gas cylinders; not all impacted tests are necessarily inaccurate and will be reviewed case by case.
- There are 220 breathalyzer devices deployed statewide and about 4,500 trained users; going forward, state crews will handle dry gas cylinder changes.
Minnesota BCA halts breathalyzer tests: Attorney who flagged issue weighs in
New information:
- At least 146 cases are impacted by unreliable breath-test results tied to data errors.
- Affected counties now identified: Hennepin, Olmsted, Aitkin, Winona, and Chippewa.
- BCA says operator data-entry errors for dry gas cylinders caused unreliable results in more than 100 cases.
- Aitkin County prosecutors withdrew a DWI case on Oct. 2 because the device’s results could not be relied upon.
- Defense attorney Chuck Ramsay, who flagged the issue, cautioned defendants not to plead guilty until the review is resolved and noted the devices have been in service for about 13 years.
- BCA will have its own technicians handle device maintenance going forward (previously done by trained agency technicians statewide).