Use of breath tests focus of DUI case challenge

By: Associated Press Email
By: Associated Press Email

Hundreds of drunken-driving cases across Indiana could be in jeopardy if an Indianapolis attorney succeeds with a challenge to breath tests administered this year.

Attorney John Tompkins contends breath tests administered to drunken-driving suspects since Jan. 1 aren't valid because the Indiana Department of Toxicology failed to update its procedures as part of a 2011 requirement ordered by state lawmakers.

The legislation gave the department until July 1, 2012, to make the changes, but Tompkins says that didn't happen. He says that means the department lacks authority to certify breath-test machines and their use by law enforcement.

Attorney Teri Kendrick tells The Indianapolis Star ( ) the department disagrees with Tompkins.

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