When a person is convicted of drunk driving, they often face steep penalties. One of the possible defense strategies that people might use is that the calibration of the machines used to test for the blood alcohol concentration (BAC) wasn’t handled properly. When there is an issue with these machines, innocent people can face a difficult battle to prove they were innocent.
Recently, it came to light that there was an issue with the Breathalyzer equipment that is impacting cases from June 2011 and April 17, 2019. In fact, some 27,000 letters are being mailed out to people who had cases during that time. These letters state that it might be possible to have the conviction vacated because of the issue.
The court has ruled that the Breathalyzer tests shouldn’t have been included in the cases. It was discovered that the Office of Alcohol Testing withheld exculpatory evidence intentionally. It is believed that individuals who have a single conviction are the ones who are going to try to have their convictions vacated because of the breath test calibration issues.
As part of an agreement, the only types of matters that will have the breath test results included are those that include serious bodily injury, motor vehicle homicide by OUI and fifth or subsequent offenses. Unless convicted individuals have those types of factors in their case, they should review the possibilities that are stated in the letters.
For individuals who have current cases pending, reviewing the defense strategy options thoroughly might help them to determine how to handle their side of the matter. There is still a chance that calling the breath test or other factors of the case into question might be important components of the strategy.