State Police: Thousands Of Blood-Alcohol Tests Analyzed Incorrectly

LANSING (WWJ/AP) - More than 4,000 alcohol-related tests were analyzed incorrectly by Michigan State Police's Forensic Science Division. Now, some drunken driving defendants want a new trial.

Earlier this summer, state police told prosecutors across the state that the problem was an "incorrect calibration model" used in 4,001 results over a four-month period. Police typically use a breath device in roadside stops.

A letter from state police explaining the issue was released Monday by the Wayne County Prosecutor Kym Worthy's office. Worthy says 402 of the cases involved police departments in Wayne County.

"Approximately 89 of the 402 cases on MSP's list are being or were prosecuted by the Wayne County Prosecutor's Office," Worthy said in a statement. "It is important to note that because many alcohol-related cases are prosecuted by local city attorneys, the municipalities in Wayne County will have to determine if their cases could be similarly affected."

Police reprocessed those 4,001 statewide cases using the "correct quadratic, inverse calibration model," and officials say despite the problem, half the tests didn't require any correction. State police said the revised results also didn't have an impact in cases where the blood-alcohol level was initially found to be near 0.08, the threshold for drunken driving.

State Police Lt. Michael Shaw said there was an error in only 18 cases around the state -- and it went in favor of the defendant, who was charged with drunk driving instead of super drunk driving. He said the news release issued by the prosecutor's office is "unnecessarily inflammatory."

Nonetheless, new reports with accurate information are being sent to prosecutors.

Detroit-area defense attorney Luther Glenn says the results should be examined by a third party.

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