Due to an incorrect calibration model, more than 4,000 blood alcohol content tests across Michigan returned faulty results, according to a Detroit Free Press report.
Affected tests were administered between December 2015 and April 2016, according to a statement from the Michigan State Police Forensic Science Division. Michigan's legal BAC is 0.08 grams per deciliter. The tests may have been off by as much as .002 g/dl under or 0.04 g/dl above the legal limit.
State police maintain that about 2,000 tests that occurred during the five-month period don't require any correction, but Luther Glenn, president pro tem of the Wayne County Criminal Defense Bar Association told Detroit Free Press he wants their conclusion to be confirmed by a neutral third party following the faulty tests.
Of 402 cases affected by the faulty calibration, 89 either have been prosecuted or are in the process of being prosecuted, an official with the Wayne County Prosecutor's Office told Detroit Free Press.