Challenging the results of a breath test in Minnesota is actually fairly simple these days mostly because the equipment we’re using to do breath testing in Minnesota is broken. We have a new breath test machine here in Minnesota called the Data Master, and it was designed to provide two completely different scientific methods to test a single breath sample. We’re supposed to be using what’s called an infrared testing method, as well as what’s called fuel cell testing. The theory of using two completely different scientific methods is that if you test the same sample using two completely different methods and come up with exactly the same answer, it gives us a high degree of confidence that it’s actually the right answer. The problem is that after they deployed these machines in the field, they discovered that those two testing methods disagreed with each other far more often than they ever expected they would.

Now, you would think that they might look at that and say, “Well, maybe breath testing is a bad idea if we can’t get two different methods to come up with the same result.” But instead, our scientific solution to the problem was simply to shut off the fuel cell. And sure enough, it stopped disagreeing with itself once it shut off the fuel cell. Of course, it’s operating with only one of its two required testing methods in place. I can assure you that even if that’s acceptable to the Bureau of Criminal Apprehensions Crime Lab, jurors feel a little differently about that. They kinda want to know that the equipment they’re being tested on is actually functioning the way it was designed.