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Will Massachusetts Breath Test Results Be Thrown Out?

Posted on : December 3, 2018

Were you already pulled over for OUI in Massachusetts and you think your results are not accurate?

If you believe the breath test was misleading, now is your chance to take your defense to the next level with a trusted lawyer.

Thousands of drunken driving cases across the state of Massachusetts might end up being thrown out as a result of concerns over the reliability of the breath test. Breathalyzer results in thousands of different prosecutions against drunk driving or OUI charges are currently being questioned by defense attorneys and the state’s district attorneys.

This has to do with a long running dispute about the reliability of those testing devices to accurately portray whether or not a person is under the influence. Any arrest that occurred before August 31, 2017 cannot use breath test results as evidence in drunk driving prosecutions due to an agreement with the 11 state district attorneys. However, there have been many different questions about the reliability of results in general from Drager 9510 breath test machines. These are used by more than 400 local law and state law enforcement agencies around Massachusetts.

A court order in 2017 excluded the results of breath test results using that machine in more than 19,000 OUI cases that occurred between June 2012 and September 2014. If you believe that the breath test results used in your case may not be accurate, you need to consult with an experienced OUI defense attorney immediately. An OUI defense attorney can evaluate your case and give you further information about how to protect your rights when going through the difficult situation of being accused of operating a vehicle under the influence.

 

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