DUI Breath Testing MachineOften Inaccurate, Leading to Wrongful Convictions

To prove it Mr. Risk has become certified as an operator of the Datamaster DMT (the breath testing instrument used currently in Minnesota). Prior to that certification, Mr. Risk was certified to operate the Intoxilyzer 5000 EN (the breath testing instrument previously used in Minnesota). In addition to his own certifications, Mr. Risk has worked with local and national forensic experts in order to demonstrate and explain the shortcomings of breath testing instruments to both judges and juries.

Mr. Risk is among only a handful of attorneys in the State to be certified with the use of both machines. He knows that this experience and knowledge base is the key to powerful cross examinations of police officers who conduct the actual breath testing as well as the State’s forensic scientists who attempt to argue that the results are sufficient proof beyond a reasonable doubt. Mr. Risk has noted that “at the start of a jury trial most, if not all, jurors believe that the results of the breath test are accurate because the State of Minnesota certified the breath testing instrument. I have had jurors, at the end of trial, after finding my client not guilty on all counts, ask why the State did not use a real test like blood, instead of the breath testing instrument.” These types of questions (along with the not guilty verdicts) assure Mr. Risk that his time learning about breath testing and becoming a certified operator has been well spent.

As a result of his experience, education and results, Mr. Risk has received the designation of “Super Lawyer” or “Rising Star” more than 15 times in his career including every year since 2014. This award is presented to the top 5% of attorneys in a given practice area. Mr. Risk earns this award in the practice area of DUI/DWI Defense, in part due to his experience with the science of breath testing.