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Breath-test Data Errors Could Affect More Than 270 Minnesota DWI Cases

The Minnesota Bureau of Criminal Apprehension says data errors in breath-testing devices may have affected more than 270 drunken-driving cases, prompting reviews of convictions and prosecutions statewide. The development raises immediate questions about public safety, legal fairness and long-standing gaps in oversight and funding that shape how impaired driving is detected and prosecuted.

Lisa Park3 min read
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Breath-test Data Errors Could Affect More Than 270 Minnesota DWI Cases
Breath-test Data Errors Could Affect More Than 270 Minnesota DWI Cases

The Minnesota Bureau of Criminal Apprehension on Friday said errors in the data produced by breath-testing machines used by law enforcement may have affected more than 270 driving-while-impaired cases, potentially undermining evidence in prosecutions and convictions across the state. The discovery came during routine quality-control checks, the bureau said, and prompted notification to local prosecutors and defense counsel while an internal review continues.

BCA officials described the problem as an inconsistency in how some devices logged and stored test results rather than an indication that the physical measurements were categorically wrong. "We are treating this with urgency and transparency," a BCA spokesperson said in a statement. "The agency is conducting a comprehensive review and will provide updated guidance to law enforcement and prosecutors as soon as we have definitive findings."

The immediate legal consequence is a potential reopening of a substantial number of cases in which breath-test results were central to charges or sentencing. Prosecutors in several counties said they have begun reexamining files and will bring issues to judges where necessary; public defender offices said they were already reaching out to clients. Defense attorneys called the announcement "a serious blow" to the reliability of a commonly relied upon form of evidence and urged courts to suspend reliance on affected results until the review is complete.

Beyond courtroom logistics, the episode highlights larger questions about how states regulate and oversee forensic technologies that carry heavy consequences for individuals and communities. Breath-test devices are widely used because they are fast, portable and cheaper than blood tests, but they depend on software, calibration and meticulous documentation. Experts say gaps in oversight, irregular maintenance funding and reliance on proprietary systems can create vulnerabilities.

"This is not just a technical problem; it's a public-interest and equity problem," said a university forensic scientist who studies toxicology and criminal justice, speaking generally about the issue. "When evidence is compromised, the people most likely to suffer are those with the fewest resources to fight back: low-income defendants, people of color and rural residents who rely on overworked public defenders."

Public-health advocates caution that safeguarding the integrity of testing should not be seen as at odds with traffic safety. Data-driven enforcement is a cornerstone of efforts to reduce alcohol-related crashes, which disproportionately harm young people and lower-income communities. If breath tests are temporarily sidelined, prosecutors and police will need alternative, often more costly, approaches—blood draws, enhanced officer training, and possibly expanded use of ignition interlocks—to sustain enforcement and victim protections.

Minnesota legislators and policy groups are already signaling interest in systemic remedies: independent audits of forensic equipment, public reporting requirements for device errors, and state funding dedicated to maintenance and oversight. The state Department of Public Safety has said it will monitor the BCA investigation and consider regulatory changes.

For the hundreds of Minnesotans whose cases may be affected, the coming weeks will be uncertain. Courts will have to balance the rights of defendants with concerns about public safety and victims' interests. Advocates on both sides agree on one point: the episode underscores the need for transparent processes, independent checks and sustained investment in the systems that communities rely on to deliver both justice and safety.

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