More than 27,000 people in Massachusetts will receive letters regarding past OUI convictions. People convicted of drunk driving between June 2011 and April 2019 may be eligible to have their cases overturned due to a faulty breath test machine.
Back in 2011, police departments across Massachusetts began using the Draeger 9510 breathalyzer. By 2015, it became clear that the machines were not working correctly. In fact, the malfunctions were so widespread that District Attorney’s offices stopped using the breath test results as trial evidence, benefitting thousands of drivers.
To make matters worse, the Office of Alcohol Testing (OAT) purposely withheld documents which showed 432 times that the machines failed to accurately calculate a breath test result. As a result, all breath test results from June 2011 until mid-April of 2019 were prohibited from being introduced against drunk driving suspects.
Because many people were convicted, or pleaded guilty, based on the results of potentially faulty breath test results, Massachusetts may allow those people affected to challenge their convictions. It is unclear at this point whether the convictions will be overturned automatically or if the courts will entertain challenges on a case-by-case basis.
If you have received a letter, and are interested in challenging your plea or conviction for an OUI offence between 2011-2019, call us at 781-797-0555 for a free phone consultation.