A Vermont judge has approved the use of a breath analysis machine in drunken driving cases but says defendants can challenge its reliability.
At issue are breath tests performed by a DataMaster DMT machine from a Vermont State Police barracks that authorities say wasn’t set up properly. Six defendants have challenged its use.
The Burlington Free Press reports that a Washington County Superior Court Judge said the newer model is an approved device, but "the defendants are entitled to and may, if they so choose to, present expert testimony challenging DMT reliability and, of course, will have the opportunity to cross-examine the State’s experts on this issue."
The Vermont Health Department has said the machines didn’t give any erroneous readings.