The Minnesota Bureau of Criminal Apprehension has verified that DWI breath test results previously suspected to be invalid are accurate, the bureau said Friday.
The BCA had ordered all law enforcement agencies in the state to suspend usage of DataMaster instruments earlier this month until they verified that data was correctly entered into each instrument. Errors had been “identified … in particular when changing out a dry gas cylinder that is used for a control test,” said BCA Superintendent Drew Evans at the time, calling into question whether the control tests were valid in hundreds of cases.
“As I said before, we stand behind the instruments and the validity of the testing and the reliability of the instruments across Minnesota,” Evans said at a press conference Friday. “And our scientists are prepared to testify to the results of the new calculations and the instruments that they have done for a long time.”
BCA officials became aware of the data entry errors in September.
Several law enforcement agencies, including St. Paul police and the sheriff’s offices for Ramsey, Dakota and Washington counties were able to resume use of the breath tests shortly after the BCA’s order.
BCA lab scientists conducted a mathematical recalculation of the identified tests using the correct alcohol concentration of the installed cylinder, according to the BCA on Friday. They determined the control tests were successful and within established margins despite the data entry error and would testify that the control tests were valid, according to BCA officials. Police agencies and prosecuting attorneys with cases affected by the issue have been notified.
DataMaster machines are stationed at law enforcement offices around the state and between 19,000 and 20,000 DataMaster tests are conducted each year, according to the BCA. Initial errors were discovered in Aitkin, Winona and Chippewa counties, with additional errors later discovered in Hennepin and Olmsted counties.
To prevent any future issues, the BCA has halted all dry gas cylinder replacements by law enforcement personnel using DataMaster instruments moving forward, and only BCA personnel will be authorized to replace them. BCA staff have begun restricting access to the dry gas cylinder compartment on all DataMaster instruments.
More than 50% of DataMaster instruments have been verified to have proper installation and secured as of Friday, with the process expected to be done within the next few weeks. DataMaster operator training also has been updated. Future updates will be posted to the BCA website.
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