ND Audit reports 34 DUI tests invalid, can be dismissed in court

Published: Sep. 22, 2021 at 11:39 AM CDT
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BISMARCK, N.D. (Valley News Live) - An audit of the North Dakota Attorney General’s Office reported on Sept. 22 found that 34 DUI tests over a 2-year period were invalid because devices used were expired or unapproved. The 34 invalid DUI tests can be dismissed in a court of law.

In a press release officials said 8,925 DUI tests were reviewed by the State Auditor’s Office during the 2-year audit period which ended June 2020.

If breath alcohol tests for a DUI are performed using unapproved or expired devices the results are considered invalid and can be dismissed, according to officials. Tests were conducted with gas standard canisters that had been expired for up to 153 days.

“It’s important to follow the DUI testing guidelines so each person tested is fairly evaluated against the same standard,” said State Auditor Joshua Gallion. “We’re happy to hear that after our audit, the Attorney General’s Office is in the process of updating their breath alcohol testing devices so these errors shouldn’t occur again.”

The complete audit report can be found here.

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