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09/02/2026

BOTSWANA POLICE BREATHALYZER TEST UNDER SCRUTINY

By Mosidi Mokaeya

Bosa Leboro appeared before Magistrate Kutlo at the Broadhurst Magistrate Court on 9 February in connection with a drunken driving charge dating back to July 2023. His defence lawyer, Faith Barrow, challenged the reliability of the breathalyser test used to determine his blood alcohol level, arguing that the device was operating without gas at the time of testing.

The court heard that the breathalyser, scientifically known as the Intox ECIR-2, requires a trained and certified operator. However, there was no evidence presented to show that the police officer who administered the test had received the required training.

Barrow further informed the court that the Botswana Police Forensic Laboratory, which is responsible for such tests, only received accreditation in July 2025. This, she argued, raises questions about the lab’s ability to lawfully and accurately conduct tests as far back as 2023.

Barrow also pointed to weaknesses in the calibration procedures of the breathalyser used. She told the court that some breathalyser machines can operate for up to five years without calibration. While calibration is recommended annually, best practice requires it to be done every six months to ensure accuracy. She explained that the device relies on dry gas, which is depleted after approximately 150 tests. Test printouts submitted as court exhibits reportedly revealed irregularities in gas replacement.

In Botswana, drunken driving is treated as a serious offence. A conviction results in the revocation of the offender’s driver’s licence for five years, after which the individual must undergo the full and costly process of reapplying for a licence. Driving schools currently charge monthly fees of about P600, a figure expected to increase with inflation.

Leboro is expected to return to court later in February for the continuation of his trial.

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08/02/2026

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