Faulty Breathalyzer Tests in Massachusetts?

Did drivers get faulty breathalyzer tests? No one want drivers who are impaired on the road. They are a danger to themselves and others. But, on the other had, we don’t want people wrongfully convicted.  The recently published concerns about deficient calibration for breathalyzer tests performed on Drager 9510 units have been chalked up to 150 cases of tests. Questions about whether these 150 individuals have been wrongly convicted, and paid the penalties that flow from conviction,  have not yet been resolved. The Massachusetts Office of Alcohol Testing, which has created detailed standards for how breathalyzer tests are to be given,  contends the machine works fine when administered in compliance with the proper procedures and protocols. Some would disagree that the machine is as accurate as the police would like to believe. The bottom line is, the reliability of breathalyzer tests readings should always be investigated. People who go into court unrepresented and plead on an Operating Under the Influence of Alcohol charge, without first reviewing the procedures used for their test and the logs created by the police at the time the test was performed, maybe be agreeing to convictions in cases where the prosecution does not have sufficient evidence to prove the case. If you are charged with operating under offense remember it is not illegal to drink and drive. It is only illegal when you have had so much to drink that you put other drivers on the road in danger. The standard of proof in a criminal trial, as to whether you have crossed the line where drinking and driving becomes dangerous,  is “beyond a reasonable doubt.” The District Attorney’s office must prove each and every element of the case “beyond a reasonable doubt” including the reliability of any breathalyzer tests given. If they can’t do it, as a result of a faulty test procedure by the arresting police department, people arrested may be able to obtain a “not guilty” verdict by taking their case to trial.  First offenders may avoid committed jail time, but the look back period for later offenses runs a persons entire life. Later offenses have increasingly longer periods of jail time and of motor vehicle license loss. For more information about OUI in Massachusetts please go to our web site at https://www.kobanlaw.com/drunk-driving-oui.