In March, Shane Canady was pulled over while driving. A urine test later showed the level of alcohol in his system reached .08, which led to a charge of driving while impaired.

On Monday, his defense attorney told a Mahnomen County judge that the Bureau of Criminal Apprehension (BCA) urine test was flawed because it rounded the number up from .079 to .08 and the case should be dismissed.

Canady told 5 EYEWITNESS NEWS the DWI charge changed his life dramatically.

“Revocation of my license in the state of Minnesota, which, in turn, resulted in me losing my job as a conservation officer for the White Earth Nation,” said Canady.  “It’s devastating. I mean, I don’t have a job right now.”

His attorney, Chuck Ramsay, told 5 EYEWITNESS NEWS that the original .079 urine test should be the number used as evidence and the case should be dropped.

“Their rounding up resulted in him losing his driver’s license when he was actually under the legal limit, which then caused him to lose his job and wreck his life,” said Ramsay. 

During a Monday hearing, Ramsay said the judge agreed the numbers appeared to be rounded up.

The BCA issued the following statement:

“This assertion is false. While we cannot comment on the proceedings or facts of the case while it is still active, we can share that the BCA Forensic Science Services lab is committed to providing the highest quality forensic services for a safer Minnesota and we are confident that any testimony provided by BCA experts will be accurate, reliable, and transparent to assist in the full understanding of the results provided.”

The judge asked the BCA to submit arguments explaining why the results are legal and should be considered as evidence and asked the defense to submit arguments laying out why the results are not legal and should be dismissed as evidence.

Ramsay said the judge indicated he would rule on the issue after reading legal briefs from both parties.