Facing a DUI charge in Massachusetts can be stressful. This is particularly true when the evidence against you includes the results of a breathalyzer test.
But what if the test results were inaccurate? There are many ways to challenge breathalyzer accuracy, as several factors, from device malfunctions to medical conditions, can lead to unreliable readings. In this guide, we’ll explain how breathalyzers work, what can cause inaccurate results, and the legal strategies that may help you fight a DUI charge.
Understanding the Importance of Breathalyzer Tests in Massachusetts DUI Cases
The police may ask you to take a breathalyzer test if you’re pulled over for suspected drunk driving in Massachusetts. This test measures your blood alcohol concentration (BAC) to see if you’re over the legal limit of 0.08%. If your BAC is too high, you could be charged with driving under the influence (DUI), also known as operating under the influence (OUI) in Massachusetts.
However, breathalyzer results are not always accurate. Many factors—such as faulty equipment, improper use, and even certain health conditions—can affect the results.
Have you been charged with a DUI based on a breathalyzer test? Be aware that it’s possible to challenge the results and fight the charges.
A conviction could lead to fines, a suspended license, or even jail time. That’s why it’s essential to know your rights and explore every option for challenging the evidence against you. If you need legal assistance to challenge breathalyzer accuracy in your DUI case, Riccio Law can help.
Factors That Affect Breathalyzer Accuracy
Breathalyzer results are not always foolproof. Several factors can interfere with their accuracy, potentially leading to false or inflated readings. Understanding these factors can be key in challenging DUI charges.
Problems with the Breathalyzer Machine
Breathalyzer devices require routine maintenance and calibration. The machine can give false results if it’s not working correctly.
In Massachusetts, there have been cases where improperly maintained breathalyzers led to thousands of DUI cases being called into question.
If the breathalyzer used in your case was not calibrated correctly, your test results might not be reliable.
Operator Errors During Testing
Police officers must follow strict procedures when administering a breath test. Failure to follow these procedures can result in flawed or inaccurate readings. Common mistakes include:
- Failing to observe the driver for at least 15 minutes before administering the test
- Not instructing the driver correctly on how to blow into the device
- Using a device that has not been recalibrated after a previous test
Errors in test administration can lead to false readings. This provides defendants with a strong basis for challenging the results.
Health Conditions That Affect Results
Certain medical conditions and other factors can cause a breathalyzer to show a false high reading. These include:
- Acid reflux or GERD – This can cause alcohol from your stomach to enter your mouth, causing the breathalyzer to detect more alcohol in your system than is actually there.
- Diabetes – Some people with diabetes produce ketones. A breathalyzer can mistake these for alcohol.
- Mouth alcohol – If you recently used mouthwash, cough syrup, or burped before the test, the machine could detect leftover alcohol in your mouth rather than in your bloodstream.
Environmental Factors
The air around you can also affect a breathalyzer reading. If you’ve been exposed to chemicals like paint fumes, gasoline, or cleaning products, the device might pick up those substances and give a false reading.
Such factors highlight why breathalyzer results should never be taken at face value. An experienced attorney can investigate whether any of these issues may have influenced the test in a particular case.
Massachusetts Cases That Have Challenged Breathalyzer Results
The 2017 Breathalyzer Scandal
In 2017, a significant issue with Massachusetts breathalyzer machines was discovered. Many breathalyzers were found to be faulty, prompting the state to admit that some DUI convictions may have been based on unreliable test results.
In August and September of 2017, it was revealed that Massachusetts law enforcement had been using faulty breathalyzers, leading to thousands of questionable DUI convictions.
The scandal resulted in the dismissal of many DUI cases. Now, courts have become stricter about requiring accurate breathalyzer testing.
The 2021 Court Ruling on Breathalyzer Tests
In November 2021, a Massachusetts judge temporarily banned the use of certain breathalyzer results in court due to concerns about reliability.
This ruling reinforced the idea that breathalyzers are not always trustworthy. There may be legal grounds to challenge the results if you were given a DUI based on a breath test.
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How to Challenge Breathalyzer Accuracy in Massachusetts DUI Cases
Breathalyzer results may seem like strong evidence, but they are not foolproof. Several legal strategies can be used to challenge breathalyzer accuracy.
Questioning the Legality of the Traffic Stop
A DUI case starts with the traffic stop itself. If the stop was not legally justified, any evidence obtained—including breathalyzer results—may be inadmissible in court. Law enforcement must have reasonable suspicion to pull over a driver.
If an attorney can prove the stop was unlawful, the court may dismiss the case entirely.
Examining Breathalyzer Calibration Records
One effective way to challenge breathalyzer accuracy is to question the calibration and maintenance records of the device. An attorney can request the device’s calibration logs to determine if it was maintained correctly.
If records show inconsistencies or missed maintenance, the accuracy of the test results can be called into question.
Consulting Expert Witnesses
Forensic experts can testify about the reliability of breathalyzer devices. They can demonstrate how factors like medical conditions or device malfunctions could have led to an inaccurate reading.
These expert testimonies can be powerful tools in challenging DUI charges.
Alternative Evidence in DUI Cases
Breathalyzer results are not the only evidence used in DUI cases. Other forms of evidence can sometimes contradict breath test results.
Field Sobriety Tests
These tests assess a driver’s balance, coordination, and ability to follow instructions. However, they are highly subjective. Factors like nervousness, medical conditions, or uneven road surfaces can influence the results.
Blood Tests
Blood tests are often considered more accurate than breath tests, but they must be conducted correctly. Errors in sample handling or storage can compromise results.
What Happens If You Successfully Challenge a Breathalyzer Test?
- Case Dismissal: If your lawyer proves that the breathalyzer test was faulty or improperly handled, the court may dismiss your DUI charge.
- Reduced Charges—Even if the charge isn’t dropped, challenging the breathalyzer could result in lesser charges or reduced penalties.
- License Reinstatement—If your license was suspended because of a breath test, proving that the results were inaccurate may help you regain your driving privileges.
Common Problems with Breathalyzer Accuracy
|
Issue
|
How It Affects the Test
|
| Poor Calibration |
Can cause incorrect BAC readings |
| Police Mistakes |
Improper test procedures can lead to false results |
| Medical Conditions |
Issues like GERD or diabetes can affect readings |
| Mouth Alcohol |
Recent alcohol use (mouthwash, medication) may skew results |
| Environmental Factors |
Chemicals like paint fumes can interfere with the test |
Frequently Asked Questions
Can breathalyzer results be contested in Massachusetts DUI cases?
Yes, breathalyzer results can be challenged based on calibration issues, operator errors, and external factors that may have affected the test’s accuracy.
What should I do immediately after being charged with a DUI based on breathalyzer results?
Contact a DUI attorney as soon as possible. A lawyer can review the details of your case, assess possible defenses, and determine the best strategy for challenging the breath test results.
How do calibration and maintenance records impact my DUI case?
If a breathalyzer device is not properly maintained or calibrated, the test results may be inaccurate. Your attorney can request these records to identify potential issues.
Are there alternative tests to breathalyzers for determining BAC?
Yes. Blood tests are often considered more accurate than breath tests. However, law enforcement officers or other such parties must perform these tests correctly to ensure reliability.
What are the consequences of refusing a breathalyzer test in Massachusetts?
Refusing a breathalyzer test can result in an automatic license suspension. However, without BAC evidence, the prosecution may have a weaker case.
How can a DUI attorney assist in challenging breathalyzer evidence?
A DUI attorney can investigate whether the breath test was administered correctly, examine calibration records, consult expert witnesses, and identify any errors that may weaken the prosecution’s case.
Get Help Challenging Breathalyzer Accuracy in Your Massachusetts DUI Case
Challenging breathalyzer accuracy can be a successful defense strategy in Massachusetts DUI cases. With well-documented issues related to faulty devices, improper calibration, and operator errors, breath test results are not always reliable. If you need legal assistance to challenge breathalyzer accuracy in your DUI case, Riccio Law can help.
At Riccio Law, we specialize in defending DUI cases and helping clients challenge unreliable breathalyzer evidence. Contact us today to discuss your options and protect your rights.
