How to Challenge Breathalyzer Results in DUI Cases

Facing a DUI charge in Massachusetts can be stressful, particularly when the evidence against you includes the results of a breathalyzer test.

But what if the results were inaccurate? Several factors, from device malfunctions to medical conditions, can lead to unreliable readings. This guide explains how breathalyzers work, what can cause false results, and the legal strategies that may help you fight an impaired driving charge.

Why Breathalyzer Tests Matter in Massachusetts OUI Cases

Police may ask you to take a breath test if you’re pulled over for suspected drunk driving. It measures blood alcohol concentration (BAC) to see if you’re over the 0.08% limit. If too high, you could be charged with driving under the influence (DUI), also called operating under the influence (OUI).

However, results are not always accurate. Faulty equipment, officer errors, or health conditions can skew outcomes. A conviction could mean fines, license suspension, or jail. That’s why it’s critical to know your rights and explore ways to challenge the evidence.

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 alcohol-related charges.

Machine Problems and Calibration Errors

Devices require regular calibration and maintenance. When they aren’t, results can be unreliable. In fact, Massachusetts has seen thousands of impaired driving cases called into question due to faulty equipment.

If the breathalyzer used in your case was not calibrated correctly, your test results might not be reliable.

Police Officer Mistakes 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

These errors weaken the reliability of breath test evidence.

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 – Alcohol from the stomach may enter the mouth, causing elevated readings.
• Diabetes – Some people with diabetes produce ketones that a device can mistake for alcohol.
• Mouth alcohol – Recent use of mouthwash, cough syrup, or burping before the test can skew results.

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 Massachusetts criminal defense attorney can investigate whether any of these issues may have influenced the test in a particular case.

Massachusetts Cases That Questioned Breathalyzer Reliability

The 2017 Breathalyzer Scandal In 2017, a significant issue with Massachusetts breathalyzer machines was discovered. Many devices were found to be faulty, prompting the state to admit that some drunk driving 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 convictions.

The scandal resulted in the dismissal of many OUI 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 charged after a breath test.

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 their 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 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 impaired driving charges.

Alternative Evidence in DUI Cases

Breathalyzer results are not the only evidence used in court. Other forms of evidence can sometimes contradict breath test results.

• Field Sobriety Tests: Assess balance, coordination, and ability to follow instructions. Subjective and influenced by nerves or health.
• Blood Tests: Often considered more accurate but require proper collection and handling.

Possible Outcomes if Breath Test Evidence Is Challenged

• Case Dismissal – If your lawyer proves that the test was faulty or mishandled, the court may dismiss your impaired driving charge.
• Reduced Charges – Even if not dismissed, challenging the test could result in lesser penalties.
• License Reinstatement – If your license was suspended because of a breath test, proving inaccuracy may help restore driving privileges.

Common Problems with Breathalyzer Accuracy

Frequently Asked Questions

Can breathalyzer results be contested in Massachusetts DUI cases?

Yes. Results can be challenged based on calibration issues, operator errors, and external factors that may have affected accuracy.

What should I do immediately after being charged with a DUI based on breathalyzer results?

Contact a defense attorney right away. A lawyer can review your case, assess defenses, and determine the best strategy for challenging the test.

How do calibration and maintenance records impact my case?

If a device was not properly maintained or calibrated, the results may be inaccurate. Attorneys can request records to identify problems.

Are there alternatives to breath tests for BAC?

Yes. Blood tests are often considered more accurate than breath tests, but they must be conducted correctly to ensure reliability.

What are the consequences of refusing a breathalyzer test in Massachusetts?

Refusing leads to an automatic license suspension. However, without BAC evidence, the prosecution’s case may be weaker.

How can a DUI attorney assist in challenging breathalyzer evidence?

They can review procedures, check calibration records, consult experts, and find errors that weaken the prosecution’s case.

Take the Next Step Today

Breathalyzer results are not always reliable, and courts in Massachusetts have recognized the problems with faulty devices, calibration errors, and testing mistakes. These issues can make a real difference in the outcome of your case.

At Riccio Law, we provide experienced representation for clients facing OUI charges. Our attorney knows how to challenge questionable evidence and build a defense strategy focused on protecting your rights.

Contact us today to schedule a confidential consultation and get the guidance you need.