LUDINGTON (AP) -- A northern Michigan judge says blood tests handled by the state police in drunken-driving cases are unreliable because the results don't carry a margin of error.
The judge says an error rate must be an "essential element" of the testing of blood samples at the state police lab. The decision last week by Judge Peter Wadel in Ludington is not binding on any other court but is certain to get attention.
Wadel ruled in the case of a man charged with operating a vehicle while intoxicated. Two tests showed a blood-alcohol level of 0.29 and 0.30, well above the legal limit of 0.08.
The judge says the different numbers highlight "uncertainty in measurement."
State police admit they don't calculate an error rate, although an accrediting agency has requested one.
What do you think about this issue? Tell us what you think by leaving your comments and get in on the conversation!
(Copyright ©2011 by The Associated Press. All Rights Reserved.)
