Do personal breathalyzer companies have any liability if the breathalyzer gives a wrong reading and the user drives and gets a DUI?

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Do personal breathalyzer companies have any liability if the breathalyzer gives a wrong reading and the user drives and gets a DUI?

What about if an outside company places a breathalyzer machine in a restaurant and the same thing happens. Does the restaurant have any liability?

Asked on January 5, 2013 under Criminal Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under legislation of all states in this country breathalyzer companies have no liability if the system is faulty and the person under the influence causes a mishap. The restaurant would have no liability either for the defective machine as well under the laws of all states in this country.


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