
Minnesota Attorney's Discovery Triggers Statewide Shutdown Of DWI Breath Testing Program
While reviewing two DWI cases in Aitkin County, Minnesota, defense attorney Chuck Ramsay noticed that the control, a key scientific safeguard used to verify the accuracy of breath test instruments, was incorrect. After he contacted the Minnesota Bureau of Criminal Apprehension (BCA), a forensic scientist confirmed the control was invalid and could not be supported in court.
The same faulty control had been used for a full year, invalidating 73 tests on that instrument. The prosecutor subsequently dismissed Ramsay's client's case. The Attorney General later asked a judge to overturn the separate license revocation.
The issue then spread beyond Aitkin County. The BCA disclosed that two other counties had installed the same faulty controls, and one county sheriff announced all affected tests would be dismissed. As the investigation continued, the scope expanded to nine counties, revealing a systemic problem affecting hundreds of tests conducted over multiple months.
On October 10, 2025, the BCA issued a press release confirming a temporary statewide suspension of Minnesota's breath testing program to verify that all 240 instruments had proper controls installed and to implement new safeguards. The BCA has not announced a timeline for when testing will resume.
Ramsay expects every breath test with a faulty control to be challenged. This may mean hundreds of cases need to be reopened and convictions reviewed. This could also include the corresponding license revocations arising out of the same incident.
If you were convicted or charged with a DWI in Minnesota based on a breath test, your case may be affected by this testing issue. Contact the Ramsay Law Firm at today for a free consultation to determine if your conviction or charges can be challenged or overturned.

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