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Breath-test issue may affect 200 cases in southeast Nebraska

Breath Test (MGN)

A county prosecutor says more than 200 drunken driving cases in southeast Nebraska could be affected by a certification issue with some breath tests conducted by law enforcement.

The Lincoln Journal Star reports that some breath tests are being tossed out as evidence in western Nebraska counties. A Gering attorney discovered earlier this month that tests weren't conducted to determine the accuracy of breath-test machines' readings.

Lancaster County attorneys say a judge hasn't ruled on the issue in local courts yet.

County Attorney Pat Condon says his prosecutors are instructed to seek only blood samples to establish a driver's blood-alcohol content until further notice.

Condon says the certification problem could affect aggravated DUI cases, which depend on the level of alcohol in someone's body and carry stricter penalties.

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