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Defective DUI test kits used for nearly 10 years: report
For nearly a decade, California law enforcement agencies relied on flawed urine test kits that may have produced false or inflated alcohol readings in driving under the influence (DUI) and other criminal cases, according to a new LA Times report.
LOS ANGELES - California's legal system is facing a forensic crisis after it was discovered that faulty equipment used by law enforcement agencies for nearly 10 years may have led to unreliable evidence in DUI cases, potentially resulting in wrongful convictions across the state, the Los Angeles Times reports.
What we know:
The California Department of Justice recently alerted 60 law enforcement agencies and seven district attorney's offices regarding flawed urinalysis kits, according to the Times.
The kits, manufactured by Simi Valley-based company Andwin Scientific, contained only 100 milligrams of sodium fluoride instead of the 750 milligrams advertised on the label, the report noted.
Sodium fluoride acts as a critical preservative. Without an adequate amount, samples containing high sugar or yeast can ferment, creating alcohol within the vial after the sample is taken.
This process can lead to an "artificially elevated alcohol level," Katina Repp, director of the state's Santa Rosa lab, told the pulbication.
The state’s audit flagged 97 tests—approximately 0.07% of reviewed cases—where alcohol levels were at or near the 0.04% legal limit for commercial drivers.
What we don't know:
The total number of convictions that could be overturned is unknown.
While large counties like Los Angeles and San Francisco use their own labs and were unaffected, the "untold number" of cases in smaller jurisdictions depends on local reviews.
It is also unclear why there was a delay between the state discovering the flaw in August 2025 and the widespread notification of defense attorneys in early 2026.
Timeline:
- 2016: Andwin Scientific begins supplying the flawed kits to the state’s Santa Rosa forensic lab.
- August 2025: The State Justice Department first learns the kits are producing false positives.
- September 2025: Replacement kits with correct sodium fluoride levels are distributed.
- January 28, 2026: Lab Director Katina Repp formalizes the flaw explanation in a letter to prosecutors.
- March 2026: Public defenders and local agencies begin receiving formal notifications to start case-by-case reviews.
What's next:
The burden of proof now shifts to local jurisdictions.
Public defender offices across the 60 affected agencies are expected to audit years of files to identify clients who may have been wrongfully convicted.
While Andwin Scientific has not yet commented, the state has already moved to ensure all current testing kits meet the required chemical standards to prevent further fermentation issues.
The Source: This report is based on internal California Department of Justice correspondence, specifically a January 28 letter from the Santa Rosa forensic lab, and investigative reporting by the Los Angeles Times.