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Jun 22, 2015 6:17 PM

NH1 News Investigates: DWI cases in jeopardy after NH officers not certified to give breathalyzer test


CONCORD - People throughout the state convicted on DWI charges could now see their cases thrown out.

This comes after some N.H. officers found out they were not properly certified to give breathalyzer tests after they took online recertification exams.

FULL LIST: 64 NH officers not fully certified to administer breathalyzer tests

The N.H. Attorney General’s Office released their names.

Officers on the list are from the N.H. State Police, local police departments, and Fish & Game.

They include 64 officers in all.

“It was some sort of technology thing,” Ann Rice of the N.H. Attorney General’s Office said. “I think it's an extremely unfortunate situation. We are doing everything we can to correct it by disclosing the information.”

This could mean that any drunk-driving case these officers were involved in could come under scrutiny.

Some of these cases could date back to December 2013.

READ: Computer glitch could challenge DWI arrests by more than 100 officers

So what about people convicted of DWI that began with a traffic stop by one of these officers?

Rice said they're ready for their lawyers to pounce.

“Once we got this information, we realized it needed to be disclosed to defense counsel,” she said. “I expect there's going to be litigation on what the impact is, but it's something we had to do.”

She did, however, emphasize that a technical glitch shouldn't affect the officers' standings.

“There's absolutely no reason to believe that any of them knew that there was any problem with their certification or their recertification,” Rice said.

The AG's office is expected to release the number of cases affected tomorrow.

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