A 57-year-old motorist from Radawana is seeking justice after a breathalyzer test falsely indicated he was under the influence of alcohol, despite not having consumed any alcohol for over a week. The motorist, a graphic artist, was tested by the Kirindiwela Police on January 2, 2025, while traveling with his wife to Kirindiwela Town.
The incident began when two traffic police officers approached the motorist and alleged he was intoxicated. Despite the motorist’s assertion that he had not consumed alcohol since December 24, 2024, he was subjected to a breathalyzer test, which registered a positive result, surprising both the officers and the motorist. The motorist requested a referral to a Judicial Medical Officer (JMO), but his request was denied.
Released on police bail, the motorist was instructed to appear before the Pugoda Magistrate’s Court on January 7, 2025. Afterward, he took a blood alcohol test, which returned a negative result. Further medical tests revealed that he was suffering from a rare diabetic condition, which, according to medical experts, can lead to the production of ketones when blood sugar levels are not controlled. These ketones, particularly acetone, can be detected similarly to alcohol in breathalyzer tests.
Attorney Ajith Pathirana, representing the motorist, pointed out that the failure of the police to refer the motorist to a JMO violated legal procedures, as a blood alcohol test should have been conducted immediately. Pathirana emphasized that the motorist could pursue legal action against the authorities for this injustice.
The motorist, Chula Bandara Banneheke, shared his distress with the Daily Mirror, explaining that due to the immense stress and financial burden the case had caused, he felt compelled to plead guilty. As a result, his driving license was suspended for three months, and he was fined Rs. 25,000.
Deputy Minister of Health and Mass Media Dr. Hansaka Wijeyamuni acknowledged the issue, stating that rare medical conditions could interfere with breathalyzer tests, leading to wrongful convictions. He further noted that inaccuracies in breathalyzer testing, which are being imported by a politician-turned-businessman, had been discussed with the Deputy Minister of Transport and Highways, Dr. Prasanna Gunasena, at the National Transport Medical Institute.
In response to the incident, the motorist has filed a formal complaint with the Gampaha Senior Superintendent of Police (SSP), requesting an inquiry into the actions of the Kirindiwela Police. Preliminary research conducted by the motorist revealed that similar cases have been reported globally, where individuals with certain medical conditions have been wrongfully convicted based on breathalyzer tests.
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