SCOTTSDALE, AZ - If you drink and drive, expect to be punished. But what if you were arrested, charged and you're not guilty?
A Valley attorney claims that's what's happening because of a software glitch at the Scottsdale Crime Lab.
There's no way of knowing how many people could be affected because the malfunction has been happening since 2009 and the problem is just now coming to light. One woman says she was wrongly charged with DUI and says the mistake has ruined her life.
"We were talking business, shared one bottled of sake and I didn't drive until four hours later," Christy Allen Lee explains.
But, when Scottsdale police officers pulled her over, they drew blood and, somehow, Christy tested almost twice the legal limit.
"I sat up all night panicking. Here I am single mom of two, barely getting by as it is, and now I'm charged with something I didn't do. Pretty terrifying," she says.
Christy says she lost her job and thousands of dollars defending herself.
"The jury found her not guilty of both charges as a result of what was going on in the Scottsdale Crime Lab," says Craig Rosenstein with the Rosenstein Law Group.
He says there's a glitch in the software measuring blood alcohol levels at the Scottsdale Crime Lab. He explains blood alcohol tests of 40 people at a time shows conclusively there's a major problem.
"What you see are repetitive results come in, which statistically is not going to happen," he explains.
Rosenstein says it's been proven there's a problem with the software, which means hundreds of DUI cases could be at risk.
"That could impact future guilty people from being convicted," he says.
We reached out to the Scottsdale Police Department, who gave us this statement: "We have met or exceed the rigorous standards set by American Society of Crime Lab Directors."
While Christy was found not guilty, the charges continue to haunt her. "This is something that still hangs over me when I apply for jobs, I don't like that it comes up on my DOJ report, there are still long term effects."
Keep in mind; we're talking about issues with blood alcohol test results, not breathalyzer test results.
Scottsdale police are fighting the accusations in Superior Court next Tuesday.
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