Right, but you could theoretically say this about any software or technology (and this argument has very frequently in the past been used to argue against technologies like cars and airplanes). DNA sampling has "flaws" and "bugs" in it too that occasionally lead to false positives. Even police officers and lawyers falsely identify people occasionally. AI technology would just be another tool we collect evidence with for use in making inferences about the world. Imperfect technology never has been a blocker for using or improving that technology until it meets its purposes.