LINCOLN, Neb. (AP) _ A county prosecutor says more than 200 drunken driving cases in southeast Nebraska could be affected by a certification issue with some breath tests conducted by law enforcement.
The Lincoln Journal Star reports that some breath tests are being tossed out as evidence in western Nebraska counties. A Gering attorney discovered earlier this month that tests weren’t conducted to determine the accuracy of breath-test machines’ readings.
Lancaster County attorneys say a judge hasn’t ruled on the issue in local courts yet.
County Attorney Pat Condon says his prosecutors are instructed to seek only blood samples to establish a driver’s blood-alcohol content until further notice.
Condon says the certification problem could affect aggravated DUI cases, which depend on the level of alcohol in someone’s body and carry stricter penalties.