In a recent ruling, the Massachusetts District Court once again suspended the use of breathalyzer test results as evidence in DUI cases. Judge Robert Brennan’s decision was not unprecedented, as Massachusetts courts and defense attorneys have been fighting against breathalyzer test evidence for years.
The Office of Alcohol Testing (OAT) is being held responsible for a series of errors in the storage, handling, cleaning, and administration of breathalyzer tests and breathalyzer testing devices. One previous ruling determined that the way in which the OAT maintained the tests was inaccurate and therefore produced unreliable results.
In 2018, tens of thousands of breathalyzer test results were thrown out as evidence due to the OAT intentionally withholding the results of hundreds of court-mandated certification and calibration tests. In the recent November 2021 ruling, several concerns were raised regarding the reliability and veracity of breathalyzer test results.
One such point of contention was a series of software malfunctions in the testing devices which resulted in unreliable test results. Although the OAT knew of these malfunctions, they made no attempts to resolve them or to notify any relevant authorities of the problem.
Many tests were found to have been administered by individuals without the necessary certification that is required for breathalyzer tests, rendering their results void as well. Finally, the recent case heard the point of concern that a cleaning protocol which the OAT had implemented for the testing devices was causing damage to the breathalyzer apparatuses.
With the various issues regarding breathalyzer test accuracy compounding to result in this developing legal precedent, it is not surprising that most Massachusetts District Attorneys no longer utilize breathalyzer test results as evidence in OUI and DUI cases.
The November 2021 ruling will likely continue the trend of expungements and overturned DUI case results that Massachusetts has seen in recent years as individuals who were convicted of DUIs using unreliable breathalyzer evidence seek to undo their court outcomes.
However, citizens charged with DUIs should be aware that District Attorneys have other evidence available to them in OUI and DUI cases beyond breathalyzer test results. The inadmissibility of breathalyzer evidence does not necessarily equate to no legal consequences arising from a DUI charge. If you are arrested for a DUI in Massachusetts, you need an experienced DUI lawyer to represent you.
Attorney Joseph Higgins is a highly-awarded and well-reviewed Massachusetts DUI lawyer with over 10 years of experience with a specific practice focus of OUI and DUI defense. Contact him today for your free consultation.
}
