Yet More Problems with Breathalyzers: Latest Updates
Yet more problems with breathalyzers have emerged in recent news reports from Massachusetts. The stories reveal two different, but sadly common, issues facing defense lawyers and their clients with DUI charges.
- Improper Calibration of Breathalyzers
First, improper calibration of breathalyzers dating all the way back to 2011 was discovered by a group of defense lawyers starting back in 2015. The lawyers learned that the specific model of breathalyzer used by the police was not calibrated to the proper range, affecting the expected margin of error for the devices. This range is narrower than in other states, and the police had not fixed the calibration before using the devices in the field. As a result, tests performed using these breathalyzers were not accurate under Massachusetts law.
The issues affected tests from approximately 2011 on. All state district attorneys agreed to stop using breathalyzer test results from June 11, 2011 to June 11, 2014 in prosecutions. But defense lawyers argued that the tainted tests continued until as late as 2017. A judge will decide the time period from which tests will be unusable in court.
- State Officials’ Cover-Up
As if calibration errors were not enough, the defense lawyers also learned that state officials at the Office of Alcohol Testing knew that the breathalyzers were calibrated incorrectly. However, they failed to inform both prosecutors and defense lawyers for many years before the defense lawyers found out. Now the state’s prosecutors and defense lawyers are working with a judge to find a solution
- Effect on DUI Cases
How will the Massachusetts breathalyzer issues affect DUI defendants? Some people charged in the state during the time period when breathalyzers were improperly calibrated may have strong arguments in favor of dismissal or acquittal. However, in other cases there is evidence of driving under the influence beyond a breath test, such as field sobriety tests, a blood test, a confession, or witness testimony. Outside the state, defense lawyers will continue to scrutinize their states’ breathalyzer calibration practices and disclosure of information about calibration.
Charged with DUI and need help mounting a defense? Seek out a DUI attorney with the know-how to tackle your case the right way from the start. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, now teaches other attorneys and law enforcement about sobriety testing techniques and defends Oklahoma drivers charged with DUIs. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.