Waltham Breathalyzer Defense Attorney
OUI Defense in Massachusetts
Facing OUI charges in Waltham, MA? Chances are you may be unsure of how to protect your rights and avoid conviction. At
Russell Defense Firm, their Waltham defense attorney has a history of success obtaining "not guilty" verdicts and case dismissals. Utilizing aggressive and creative legal tactics, there is no OUI/DUI case too complex for them to handle.
Breathalyzer Test Defenses
If you have been accused of failing or refusing a breathalyzer test, here are some things you should know:
- A breathalyzer is an outdated piece of equipment no longer used in Massachusetts. It was replaced by the Drager Alcotest 9510.
- Drager has refused to provide source codes to this machine to Massachusetts's criminal defense lawyers.
- The Massachusetts State Police have an entire division for maintaining and updating these machines called the Office Alcohol Testing (OAT).
- The police and the prosecution will rely upon this "magic" machine to tell if you are .08 or higher- without ever testing your blood.
- The legislature recognizes the inherent problems and unreliability of these machines, stating they "shall be presumed inadmissible" in a criminal case unless certain criteria are met.
Office of Alcohol Testing
The Massachusetts State Police Office of Alcohol Testing (OAT) oversees the breath test program for Massachusetts. Each police department or barracks has an Officer In Charge (OIC) for the breath testing machines. In response to an inquiry, the Massachusetts Secretary of Public Safety compiled the handwritten certificate worksheets for all of the breath machines in the state. A breath test machine calibration standard is important because two (2) breath samples and one calibration analysis must be conducted for the test results to be admissible in a criminal trial. The Secretary of Public Safety recently concluded that two (2) types of operator error existed in a limited number of machines involving periodic testing by the Officers In Charge (OICs) and later the breath test operators (BTOs) working under those OICs.
The first type of operator error involved a limited number of OICs leaving their Alcotest 9510 machines at factory defaults. The Code of Massachusetts Regulations requires the simulator solution standard fall between i.074 to .086. But the factory default for the machine is .07 to .09. Only until the simulator solution fell outside the range of .07 to .09 would the machine display the message "disqualify". In essence, police would not know when this problem with the machine was present.
The second type of error involved the BTOs administering breath tests to individual drivers with a simulator solution result above the default of .07 but below the Massachusetts specific requirement of .074 and above .084 but below .09. In those scenarios, the machine would not alert the operate with the message "disqualify". The OAT has obtained a software update to ensure "disqualify" will be showed for simulator solutions outside the range of .074 to .086.
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Whether you are facing accusations for your first OUI, underage OUI, or an out-of-state OUI, do not lose hope. The relentless attorney at Russell Defense Firm has been named as a Top 100 Trial Lawyer and included in the
2014 Super Lawyers® Rising StarSM list.
Get your free initial case consultation today by calling 617-221-3244 today!