WETHERSFIELD, Conn. -- Most DUI cases in recent years could be overturned, pending a decision from the state Department of Motor Vehicles.

The certified Breathalyzer test used by police in Connecticut is not accurate, some attorneys claimed Tuesday in hopes of urging the state to change policies.

The penalty for drivers charged with DUI is the loss of their license for three months.

"It would be a difficult position for the department," said John Yacavone, chief legal counsel for the DMV.

Channel 3 Eyewitness News reporter Hena Daniels reported a Superior Court judge ordered the DMV to conduct a hearing as opposing attorneys are trying to prove that all Breathalyzer tests taken by the Intoxilyzer 5000 are inaccurate.

"Their argument is there is no scientific basis to detect alcohol on a person's breath to alcohol in a person's blood, and it does not measure alcohol with weight, and we disagree with both claims," Yacavone said.

Jay Ruane represents three people who lost their licenses after failing the Intoxilyzer 5000 test.

"The Breathalyzer does not comply with state regulations," Ruane said. "This would force the state and state police and prosecutor's office to take a blood sample or a urine sample."

If the hearing officer in the case rules in favor of the DMV, then the case will return to court. If he rules in favor of opposing counsel, then many DUIs could be overturned.

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