What Is Level of Accuracy of An Alcohol Breathalyzer Machine Required to Be Admissible ?
In People v. Kilpatrick, 216 Ill. App. 3d 875, 576 N.E.2d 546, 159 Ill. Dec. 877 (1991), the circuit court granted the defendant's motion in limine where the solution used to test the breathalyzer machine at issue had a recorded value of .101% W/V (weight of alcohol in the volume of the breadth), and the tests using this solution produced .09 and .09 results.
The circuit court concluded that the mathematical result derived from comparing the two numbers was " '.011 or eleven thousandths which is one thousandth greater than the acceptable margin of error.' " Kilpatrick, 216 Ill. App. 3d at 880, 576 N.E.2d at 549.
On appeal, the second district reversed, concluding that "accuracy beyond two digits is not required by the regulations." Kilpatrick, 216 Ill. App. 3d at 882, 576 N.E.2d at 551.