When The Going Gets Tough,

We'll Be There With You

Massachusetts court allowing Breathalyzers as evidence

On Behalf of | Mar 8, 2022 | Criminal Law

Massachusetts residents who are arrested for drunk driving may feel unease due to a new ruling by the court. Breathalyzer tests are now being allowed as evidence again.

What was the previous ruling?

The results of Breathalyzers are often viewed as unfair, making them usually inadmissible. Breathalyzer tests were allowed for use in court as evidence in drunk driving cases and then blocked.

What effect could the reinstatement have?

The ruling against Breathalyzers was vacated by a judge, paving the way for their use as evidence in DUI cases. An attorney spoke out against it due to software in the tests potentially affecting the results. Specifically, it’s the Draeger Alcotest 9510 Breathalyzer tests that have been given the green light as evidence in drunk driving cases.

The attorney is representing plaintiffs in a class-action lawsuit regarding the Breathalyzer tests being admissible in court. He argued that new software that’s been implemented in the tests could adversely affect the results they provide, which the laboratory that stores the Breathalyzer tests kept from the judge and others. The argument is that a person could be asked to do a Breathalyzer while sober or well under the legal blood alcohol concentration or BAC limit of 0.08% and still end up failing due to imperfections from the software.

The implications for this new ruling could be serious for many people. Individuals who are pulled over by police could be ordered to take a Breathalyzer test when they are not intoxicated. However, if the Breathalyzer malfunctions and delivers inaccurate results, indicating that the person’s BAC is over the legal limit, they could end up being arrested and charged with a DUI.

If you know you have not committed a drunk driving offense, you need to protect your rights. Pointing out the inaccuracy of testing equipment may help in getting the charges reduced or dismissed.