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Nebraska Prosecutor: Faulty Breath-Test Device Jeopardizes DUI Cases

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FREMONT, Neb. (AP) — A Nebraska prosecutor says more than 180 cases may have been jeopardized by results from an alcohol breath-testing device that hadn’t been calibrated to state standards for nearly three years.

Dodge County Attorney Oliver Glass said in a news release Wednesday that the individuals in those cases and their attorneys have been notified. They also were told that drunken driving can be proved by impairment, breath alcohol content or both. So, the news release says, the problem with the breath-testing device “does not automatically mean that the conviction would be overturned in a court of law.”

Glass says the device was used at the Sheriff’s Office in Fremont and was not properly calibrated between August 2012 and July 2015.

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