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Lawyer: Up to 1,000 DUI cases affected by breath test error

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DUI-Defense

Philadelphia police say their breath test machines have been recalibrated and returned to service after discovering they were improperly calibrated.

Private attorney Joseph Kelley, who notified police of the issue on Wednesday, says he estimates between 500 and 1,000 DUI cases could be affected by the improper calibrations.

A police spokesman says they’ve asked the district attorney’s office to review cases involving breath tests from Jan. 17 to June 29.

The machines must be calibrated yearly with updated solutions that determine the accuracy of blood alcohol readings.

Kelly says the machines were accurate, but that defense attorneys can argue the results should be barred from court.

Police say they’ll implement additional measures to improve efficiency and reduce mistakes.

Philadelphia police also had improperly calibrated the machines in 2011.