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Breathalyzer problems could lead to dismissal of some OUI cases

On Behalf of | Feb 10, 2021 | OUI Defense

Approximately 27,000 drivers in Massachusetts currently facing drunk driving charges could have the opportunity to appear in court and request a dismissal of their charges. Recently, a judge gave notice to these individuals regarding when they could come to court. These defendants have the opportunity to do this because of problems with Breathalyzer results that may have affected their cases.

Invalid results

Tens of thousands of cases over an extended period of time were affected by potentially inaccurate Breathalyzer results. In Jan. 2019, a judge ruled certain breath tests were invalid after misconduct committed by the Office of Alcohol Testing came to light. There has been a history of problems with Breathalyzer results in the state, dating back to 2015 when evidence was found of flawed tests.

Initially, the state attempted to blame the issues on officers, saying they did not properly calibrate their Breathalyzer devices. In 2017, a Massachusetts judge ruled that one specific type of machine in use produced inaccurate and unreliable results. Those affected directly by this inaccurate breath test device may have the ability to reclaim their future and avoid a wrongful conviction and unnecessary penalties.

A clean record

If a Massachusetts driver suspects inaccurate Breathalyzer results are affecting his or her case, that individual has rights. An experienced defense attorney can evaluate the situation and identify the most appropriate course of action. Those who may currently be eligible for a dismissal of charges will find it beneficial to take quick action to protect their future against the impact of a potentially wrongful conviction.


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