Man sues lab over accuracy of alcohol test

When convicted drunken driver John Gerard Miller flunked a court-ordered test that showed he'd been drinking while on probation, he swore he hadn't touched a drop. Full Story
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one day at a time man

United States

#1 Jan 19, 2011
The story is so sad. The guy had his last legal issue in 2006 and payed his debt to society for his alohol troubles. He obviously has changed his lifestyle/behavior if he hasn't had legal issues since his 2006 arrest.
To incarcerate an innocent man for 135 days with the sole purpose of the testing company being profits is criminal. Isn't a person innocent until proven guilty anymore?
What's with the prosecution in Polk County? They violated this mans rights and went directly against the SAMSHA warning!!!
Cpt Howard

Stacy, MN

#2 Jan 20, 2011
Yes someone must challenge these findings. At least we can in our country. God Bless the USA.
orders of magnitude

Saint Paul, MN

#3 Jan 20, 2011
If an alcohol tester had a 95% chance to correctly identify someone who had been drinking alcohol, and a 1% chance to return a false positive, and 5% of all people who were breathalized were in reality intoxicated, then 1 in every 6 people it reports as drunk are actually sober.
John Mundt

United States

#5 Jan 20, 2011
Another story of profit from the backs of the people by big business. If it can be shown the cheifs at this company knew they test were unreliable in certain circumstances - they need to be hung from theirnuts till till death.
up north man

United States

#6 Jan 20, 2011
Ray Marshall wrote:
"Miller said he had helped his mother clear out her gift shop and had used a lacquer thinner to clean metal shelving in an unventilated back room. And two days before the test, his father wound up in the hospital with a broken hip; while staying with his father, Miller used hand sanitizers several times. "
And he had an alcohol level of .275% after 2 days, had bloodshot eyes, swayed and slurred and smelled of alcohol?
Nursing staff in hospitals and nursing homes use hand sanitizers regularly throughout a day. We must constantly be drunk then.
I think you have the article confused. I think you are referring to the police talking about when he received his DUI back in 2006.
Commissiner Gordon

Bemidji, MN

#7 Jan 20, 2011
orders of magnitude wrote:
If an alcohol tester had a 95% chance to correctly identify someone who had been drinking alcohol, and a 1% chance to return a false positive, and 5% of all people who were breathalized were in reality intoxicated, then 1 in every 6 people it reports as drunk are actually sober.
Are you referring to the 0.1 percent of the 100,000, as mentioned in the article?
Commissiner Gordon

Bemidji, MN

#8 Jan 20, 2011
The evidence (or lack of) certainly showed that this guy was falsely accused of violating the terms of probation.
My sympathy is limited however, because of the prior convictions, especially with his poor judgement trying to involve his child in a drunken car ride. He and others have definitely been educated on a possible defence strategy.
Katrina

Saint Paul, MN

#9 Jan 20, 2011
I'd like to see the County's purchasing agent or whoever made the buy decision do a little time for his/her mistake. Consequences improve performance.
Double Dipping

Saint Paul, MN

#12 Jan 20, 2011
So the guy who helps invent the thing gets to earn expert witness fees by testifying as to its flaws? Hmmm.
up north man

United States

#13 Jan 20, 2011
Wow, read the article again! His DUI was over 4 years ago and there was no evidense of him drinking other than the ETG/ETS reported by the testing agency.
He shouldn't of got DUI in 2006 but should the guy be locked up for 4 1/2 months when he wasn't doing anything wrong?
Commissioner Gordon

Bemidji, MN

#15 Jan 20, 2011
up north man wrote:
Wow, read the article again! His DUI was over 4 years ago and there was no evidense of him drinking other than the ETG/ETS reported by the testing agency.
He shouldn't of got DUI in 2006 but should the guy be locked up for 4 1/2 months when he wasn't doing anything wrong?
My turn to say wow, the article clearly states that he was on a no drink order for not one, but two pending DUI charges. He was then found drunk (three times the legal limit) at his exes house picking up his child. He plea bargained and still had 7 years of probation which puts it at 2014. I agree there were improprieties buy Polk county and the testing lab, but the guy isn't what you would call a model citizen.
YOU need to read the article again.
kaye

Chaska, MN

#16 Jan 20, 2011
I sometimes wander about the accuracy of urine tests. How do I really know if the tests they doi are accurate, and aren't law enforcement supposed to show you the results immediately after you blow into a breathalizer. I never got yo see mine
lol

Turtle Lake, WI

#17 Jan 20, 2011
These test railroad millions. Most are wrong. If you wiould have asked our founding fathers about this. It would have been unconstutional.
gwisahoax

Minneapolis, MN

#19 Jan 20, 2011
Ray Marshall wrote:
"Miller said he had helped his mother clear out her gift shop and had used a lacquer thinner to clean metal shelving in an unventilated back room. And two days before the test, his father wound up in the hospital with a broken hip; while staying with his father, Miller used hand sanitizers several times. "
And he had an alcohol level of .275% after 2 days, had bloodshot eyes, swayed and slurred and smelled of alcohol?
Nursing staff in hospitals and nursing homes use hand sanitizers regularly throughout a day. We must constantly be drunk then.
You need to learn how to read. The .275% BAC was why he was put on 7 years of probation for which he was ordered to not consume alcohol. His BAC was NOT .275 from the hand sanitizer.
gwisahoax

Minneapolis, MN

#20 Jan 20, 2011
lol wrote:
Caused by alcohol-based hand sanitizer? What, was he drinking it. Not sure I really care. This loser was out on the road drunk! If he would have killed someone you all would be posting how we should string him up. I will give him a little sympathy - after all, is there an ex-wife out there that doesn't make us want to drink? Just stay home if you're going to do so.
A witness from the company that markets the test admitted it could skew the results. Since the test doesn't actually test for alcohol in the system only the metabolites, it is possible to absorb a small amount of ethanol through the skin.

You people really need to learn how to read.
The Analyst

Chicago, IL

#21 Jan 20, 2011
Welcome to your government.
lol

Saint Paul, MN

#22 Jan 20, 2011
gwisahoax wrote:
<quoted text>
A witness from the company that markets the test admitted it could skew the results. Since the test doesn't actually test for alcohol in the system only the metabolites, it is possible to absorb a small amount of ethanol through the skin.
You people really need to learn how to read.
I could say the same for you. Based on the facts of the story I'll believe the test over an alcoholic.
gwisahoax

Minneapolis, MN

#23 Jan 20, 2011
I don't have a lot of sympathy for this guy, but it is at least plausible that what he says is true. The real problem exists with...

1. Why did it take 135 days to have the hearing?
2. Why did he get 7 years probation instead of jail time for his 3rd DUI before is 1st one was even resolved?
3. Why so many people on these boards can't read?

Since: Aug 09

Saint Paul, MN

#24 Jan 20, 2011
gwisahoax wrote:
I don't have a lot of sympathy for this guy, but it is at least plausible that what he says is true. The real problem exists with...
1. Why did it take 135 days to have the hearing?
2. Why did he get 7 years probation instead of jail time for his 3rd DUI before is 1st one was even resolved?
3. Why so many people on these boards can't read?
Its also plausible that the lab tech simple screwed up the test. But as others have said...I'll take the word of the test over the word of a drunk. The fact that he is suing says a lot about his credibility...
Jackpine savage

Glendale, AZ

#25 Jan 20, 2011
Worked in the business with drunk drivers for 35 years. Children KNOW bad behavior and smell of alcohol on a parent. Mom confirmed what child observed as did trained law enforcement. Victim ?...I don't think so. Unique defense...like the "twinkie"...yes. Dad needs to get his act together; denial is more than just a river in Egypt !!

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