In Molina-Aviles v. District of Columbia (D.D.C., November 14, 2011) 2011 WL 5517044, a federal judge in Washington, D.C. denied a motion to dismiss brought by a police officer accused of failing to properly calibrate an Intoxilyzer 5000EN machine. The plaintiffs, several DUI defendants, claim the machine generated readings approximately 30% higher than a person's actual blood alcohol level and sued the officer in his personal capacity. The court let the suit proceed against the officer personally because the plaintiffs alleged the officer knew his calibration methods were faulty, but continued to use them.
