Legality of South African breathalysers in question
The use of the SAPS’ Dräger breathalyser machine has again come into question after the devices were controversially reintroduced in late 2016.
This follows an application in the Cape Town Regional Court to order the release of additional information relating to the machine used to help an unnamed accused prepare for trial and cross-examination, according to a report by the Weekend Argus.
“In its application, the defence asked for the National Prosecuting Guidelines for evidentiary breath-testing machines, the Dräger Alcotest 9510 ZA operating instructions, certificate clarification of the method used to calibrate the machine, storage and maintenance records and documents relating to the training of the person operating the machine when the accused was tested.”
In 2011, High Court Judge Nathan Erasmus ruled that the results obtained using a Dräger breathalyser (the Dräger Alcotest 7110 Mark III) could not be used as evidence because it had not been properly calibrated and the user manual had not been properly followed.
He subsequently ruled that the device could and should be modified to meet court standards. As a result, in June 2011, all drunk driving cases where Dräger readings were used as evidence were provisionally withdrawn by the National Prosecuting Authority.
The devices were then reintroduced in 2016 by the traffic department (following calibration) to assist with a growing laboratory backup and because the drawing of blood took too much of a traffic officer’s time.
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