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LINCOLN, Neb. (AP) — 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.


Information from: Lincoln Journal Star,