An audit of the Attorney General’s office this week found 34 DUI tests to be expired when they were used from 2018 to 2020.
Auditor Josh Gallion’s report suggests that those 34 tests out of nearly 9,000 are invalid and can be dismissed in court.
The audit says the Attorney General’s office is updating its process of replacing tests since the report has been issued.
But Attorney General Wayne Stenehjem denied the audit’s findings, saying in a statement the office has had a process in place for years to ensure tests are properly replaced, and that county and city level officers are trained on replacing expired tests, not the state.
In response to Stenehjem’s rebuke, Gallion says his findings are accurate and the crime lab does have a role in ensuring tests are used properly.
“We felt that this was important enough to make sure the public is aware. Our focus is on improving processes and procedures going forward. To me, one test with an expired test is one too many,” Gallion said.
There were eight cities listed in the audit that used expired tests, and three more that used unapproved tests. To see those cities and read the full report, head here.