Massachusetts Breathalyzer Problems Mean DUI Convictions Could Be Overturn
Boston, MA- Authorities in Massachusetts are reviewing thousands of DUI convictions throughout the state after finding a problem with the calibration of some Breathalyzer tests and say that some convictions DUI convictions could be overturned.
WHDH reports that so far 69 of 6,000 DUI cases have been flagged for review and some convictions have been overturned. It is unclear when the issue was first noticed but so far cases in Amesbury and Essex, Suffolk and Plymouth Counties have been singled out for review. The exact number of DUI convictions in jeopardy is unknown at this time, according to WHDH News 7.
Some counties have put their breathalyzers on standby and some are not using the tests at all. In many counties, law enforcement agencies are relying on observation and blood tests to catch and convict drunken drivers until the issue with the breathalyzer machines is resolved.
NECN reports that the breathalyzers in question are the Draeger Alcotest 9510.
Sources told WHDH News 7 that some breathalyzers being used operate properly but some machines were calibrated out of the margin of error. Breathalyzers measure the alcohol molecules in a specified volume of air to determine intoxication, if not properly calibrated, a breathalyzer can cause a person to be wrongfully charged with a DUI. Accuracy is very important in regards to breathalyzer tests since a person’s freedom and reputation are on the line.
In many DUI cases, the results of a breathalyzer are the strongest evidence the prosecution has to secure your conviction. The results of these tests help a defendant and their DUI defense lawyer decide how they will approach each case. It’s crucial you get legal advice before you decide what to do about your charges and your counsel may even be able to keep you from losing your license.
Fact is, in some cases, a defendant may be facing some pretty convincing evidence and conviction may be unavoidable. In this situation, a defendant may be better off trying to negotiate for lesser charges and the results of a breathalyzer can weigh heavily into that decision. Without the incorrect information a person can make the wrong decision about their case.
Our team of DUI attorneys in Boston and surrounding areas understand your DUI charge can affect many aspects of your life for years to come. They know that you risk your future educational and professional prospects are on the line if you have a DUI conviction on your record, and will do what they can to minimize your DUI charges with a vigorous defense. They strive to give you the best representation and see that you avoid conviction when possible.
When you retain one of the defense lawyers at USAttorneys, they will get started on your case right away and give you the information you need to decide whether you want to accept a plea or take your case to trial.
In Massachusetts, a first-time DUI can result in a jail sentence, loss of driving privileges and costly fines. If you are facing a DUI charge and live in the Boston and want the best attorney we recommend Brett Levy. He knows how to challenge the evidence presented against you and negotiate to your benefit.
