Grand Jury probes Harris County D.A. office about BAT van controversy

If you’ve ever been pulled over in Houston or Harris County for a DWI, you know that the police department often employs breathalyzer tests conducted out of breath alcohol testing (BAT) vans. Currently, the District Attorney is being investigated by a grand jury about whether or not they withheld evidence when a former employee questioned the validity of their BAT vans.

In July, Amanda Culbertson testified that she quit the Houston Police Department because she did not believe the accuracy of the breathalyzer tests performed by the department. These breathalyzer tests performed out of BAT vans are often the only evidence used to convict Houston residents of a possible DWI and have been used since 2008. Culbertson stated that she addressed the department about her concerns but they were ignored. If her allegations were true, many Houston DWI cases would be overturned and thrown out.

More recently, Harris County’s 185th criminal court grand jury turned its investigative focus on the DA’s handling of the tainted evidence and possibly issues of retaliation against Culbertson. Because grand jury testimony is held behind closed doors, no one’s confirming what possible violations of law the grand jury is looking at in terms of the DA’s involvement.

However, according to the Houston Chronicle, “the grand jurors are showing rare independence and courage in trying to get to the bottom of a very murky controversy centered on the reliability of HPD breathalyzer results.”

While it’s still uncertain how exactly the grand jury probe of the Harris County DA office will pan out, it does call into question the validity of BAT vans and how the Houston Police Department handles breathalyzer tests and DWI cases. Stay tuned for further information as the case unfolds and how defendants of Houston DWI cases will be affected.