It’s always a good idea to challenge Breathalyzer test results. Why? If they’re not accurate, then you could face charges that you don’t deserve.
Take for example this news from February 3 about hundreds of cases in Berkshire County that may need to be retried because of questions about the alcohol breath tests that were given. Thousands of Massachusetts residents could see their impaired driving convictions overturned as a result.
In 2019, a ruling by the court found that there were concerns over the accuracy of test results, so it is now requiring the Massachusetts district attorneys’ office to reach out to around 27,000 people who received one of those breath tests and were convicted of operating their vehicles under the influence as a result. The tests ranged from June 2011 up until April 2019.
Will the results overturn past convictions?
No. The results don’t automatically overturn the past convictions. Instead, the defendants have the option to seek a new trial by contacting their legal support team. In the event that the case was determined just on the Breathalyzer test results, the likelihood is that the attorneys will seek to dismiss the case. In situations where other evidence was also provided, a new trial may be granted instead.
What should you do if you were convicted of an OUI during that time?
If you were convicted of an OUI in Massachusetts within that timeframe, you may receive a letter in the mail detailing that your case was affected. Even if you don’t, it’s a good idea to get in touch with your attorney to talk about how you want to move forward to fight to have your case overturned.