If you have been convicted of an OUI (operating under the influence) charge, there may be an opportunity for you to challenge the disposition of your case.
Last week, a Concord District Court judge granted a motion that prompted thousands of notices to be sent to drunken driving defendants. These notices informed the convicted that they may be able to challenge their convictions as a result of a 2017 decision recognizing the presumptive unreliability of breath tests administered by police officers using Draeger Alcotest 9510 devices. These Draeger devices were found not to produce “scientifically reliable” results for measuring blood alcohol content.
The impacts of being convicted of an OUI charge are no small inconvenience. Losing your driver’s license or having employment impacted are two examples of the consequences. To know that these could have been triggered by unreliable breath tests is devastating. Individuals may now have the opportunity to go back to court to vacate their conviction.
The notices were sent to inform more than 27,000 affected defendants who received breath tests in Massachusetts between June 2011 and April 2019 that their results were unreliable and will therefore be excluded from use in criminal prosecutions. In August 2017, the use of breath test results was suspended statewide in drunken-driving cases not involving serious injury or death. This was due to the evidence that pointed to the inaccuracy and dysfunction of these devices.
If you have questions about your rights, feel free to contact DILLER LAW, PC at (617)523-7771.