A leading Cape Town defence attorney believes the questions around the legality of the a breathalyser machine could open the door for cases to be thrown out of court.

The National Prosecuting Authority (NPA) has admitted the Drâger breathalyser test has not been properly accredited by the Bureau of Standards in South Africa.

Defence lawyer William Booth said it opened a loophole which could well be exploited by drunk driving accused.

“This means now that charges should really be withdrawn. If they refuse to withdraw, then an accused could challenge the correctness of the whole system.”

The use of the Dräger was suspended in Gauteng at the beginning of March, whilst Western Cape authorities are urgently seeking clarity on the device.

The Automobile Association’s Gary Ronald explained how the problem arose: “The South African National Accreditation System only came into effect post ’98. The approval for the Drager was given in ’98 so they say well it wasn’t accredited by Sanas but in fact it was done before that so we can’t give the accreditation.”

(Edited by Danya Philander)