BCA says recalculations confirm DWI breath tests accurate; amended reports forthcoming
The Minnesota BCA found operator data‑entry errors tied to dry‑gas cylinder changes that led to a temporary suspension and an initial estimate of at least 146 (later up to 276) potentially affected DWI breath tests in counties including Hennepin, Olmsted, Aitkin, Winona and Chippewa and ordered inspections and verification of DataMaster instruments. After mathematical recalculations, the BCA says the flagged results are accurate and within established margins, has secured more than half the instruments with full verification expected in weeks, will issue amended reports to law enforcement, prosecutors and defense attorneys, and will restrict future cylinder changes to BCA personnel while defense attorneys press for transparency on the recalculations.
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Legal
📌 Key Facts
- The BCA says mathematical recalculations confirm the disputed DWI breath-test results are accurate and within established margins; its scientists say they are prepared to testify the results are "accurate and reliable."
- Amended reports detailing the recalculations and their impact will be sent to law enforcement, prosecutors and defense attorneys; the BCA began notifying agencies and attorneys in early November.
- The number of potentially impacted cases rose from at least 146 to an estimated up to 276 statewide; initial data-entry errors were first identified in Aitkin, Winona and Chippewa counties, with additional errors later found in Hennepin and Olmsted.
- BCA says the problem stemmed from operator data-entry errors when changing dry gas cylinders on DataMaster breathalyzer instruments; about 220 instruments are deployed statewide, with roughly 4,500 trained users and 19,000–20,000 DataMaster tests conducted annually.
- The BCA has verified and physically secured more than 50% of instruments and expects full completion in the coming weeks; agencies may resume use of breathalyzers after a simple five‑minute check confirms the device is functioning properly.
- Going forward only BCA personnel will be authorized to replace dry gas cylinders, BCA is restricting access to cylinder compartments on all instruments, and DataMaster operator training has been updated.
- Some prosecutors have already acted: Aitkin County prosecutors withdrew a DWI case Oct. 2 because the device’s results could not be relied upon. Defense attorney Chuck Ramsay, who flagged the issue, warns defendants not to plead guilty, says dismissed cases will not be resurrected and demands the BCA "show their work" behind the recalculations.
- Timeline: the BCA became aware of the data-entry errors in September, issued a statewide suspension and verification directive, and has been conducting instrument checks and case-by-case reviews since then.
📚 Contextual Background
- Minnesota law classifies investigative data collected or created by a law enforcement agency to prepare a case as confidential or protected nonpublic while the investigation is active.
📰 Sources (6)
BCA stands behind disputed DWI tests as ‘accurate and reliable’
New information:
- BCA says scientists conducted a 'mathematical recalculation' for each flagged test and are prepared to testify that results are 'accurate and reliable.'
- BCA began notifying law enforcement and attorneys on Friday and will send amended results for each case.
- Defense attorney Chuck Ramsay says dismissed cases will not be resurrected and demands BCA 'show their work' behind the recalculations.
BCA: DWI breath test results accurate after 200+ previously suspected invalid
New information:
- Initial data-entry errors were first found in Aitkin, Winona and Chippewa counties, with additional errors later discovered in Hennepin and Olmsted counties.
- BCA says police agencies and prosecuting attorneys with affected cases have been notified.
- More than 50% of DataMaster instruments have been verified and secured as of Friday; full securing expected within weeks.
- Only BCA personnel will be authorized to replace dry gas cylinders going forward, and BCA is physically restricting access to the cylinder compartments on all instruments.
- DataMaster operator training has been updated.
- St. Paul Police and the Ramsey, Dakota and Washington County sheriff’s offices resumed breath-test use shortly after the BCA’s order once checks were completed.
- Scale context: between 19,000 and 20,000 DataMaster tests are conducted annually statewide.
- Timeline clarification: BCA became aware of the data-entry errors in September; the statewide suspension and verification directive followed.
BCA confirms accuracy of Minnesota DWI tests despite error concerns
New information:
- BCA recalculations confirm DWI breath-test results are accurate and within established margins despite prior data-entry errors.
- Amended reports will be issued to law enforcement, prosecutors and defense attorneys detailing the impact and calculations.
- BCA has verified and secured more than 50% of instruments, with full completion expected in the coming weeks.
- Only BCA personnel will perform future dry gas cylinder replacements; updates will be posted on the BCA website.
- Quote from BCA Superintendent Drew Evans explaining the amended reports process and expected lack of case impact.
Minnesota BCA identifies more cases impacted by breathalyzer errors
New information:
- BCA now estimates up to 276 DWI cases may be impacted statewide (up from at least 146).
- Agencies may resume using breathalyzers after a simple five‑minute check confirms the device is functioning properly.
- BCA Superintendent Drew Evans said errors stem from human mistakes when changing dry gas cylinders; not all impacted tests are necessarily inaccurate and will be reviewed case by case.
- There are 220 breathalyzer devices deployed statewide and about 4,500 trained users; going forward, state crews will handle dry gas cylinder changes.
Minnesota BCA halts breathalyzer tests: Attorney who flagged issue weighs in
New information:
- At least 146 cases are impacted by unreliable breath-test results tied to data errors.
- Affected counties now identified: Hennepin, Olmsted, Aitkin, Winona, and Chippewa.
- BCA says operator data-entry errors for dry gas cylinders caused unreliable results in more than 100 cases.
- Aitkin County prosecutors withdrew a DWI case on Oct. 2 because the device’s results could not be relied upon.
- Defense attorney Chuck Ramsay, who flagged the issue, cautioned defendants not to plead guilty until the review is resolved and noted the devices have been in service for about 13 years.
- BCA will have its own technicians handle device maintenance going forward (previously done by trained agency technicians statewide).