41 Santa Clara County DUI cases in jeopardy

May 31, 2011 9:39:19 AM PDT
Santa Clara County prosecutors have so far dropped one DUI case and found 41 others that could be in jeopardy because of a faulty breath-test device used by police in Palo Alto and San Jose.

Prosecutors are about midway through a review of 858 DUI cases that used the Alco-Sensor V breath-test device. The device was found to give incorrect readings because of a manufacturer's defect that can cause condensation to build up in the tube.

Assistant Public Defender Nona Klippen-Hughes told the San Jose Mercury News she does not think there will be that many more problematic cases.

Prosecutors apparently have corroborating evidence in most of the cases, including a second sobriety test at the police station.

The entire review is expected to be completed in the next few months.