Breathalyzer results could be thrown out in thousands of Massachusetts drunk driving cases

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(WWLP) – Thousands of breathalyzer results in Massachusetts could be tossed out as evidence because of faulty testing devices.

Each of the state’s eleven district attorneys agreed with defense lawyers, the reliability of more than 36,000 breath test results were questionable because the machines were not properly calibrated

A 2017 court order prevented the results of “Draeger 9510” breathalyzers from being used as evidence in OUI cases from June 2011 to September of 2014. 

Related: Thousands of OUI cases could be thrown out as DAs question accuracy of breathalyzers

This week, the state’s district attorneys agreed with defense lawyers to extend that window until August of 2017. 

Lawyers said the state “office of alcohol testing,” initially withheld information about failed calibration tests on some of these breathalyzers. Under the agreement, the district attorneys will still be able to try and establish the credibility of the breathalyzers in OUI cases that resulted in a death or serious injury, or was a 5th OUI offense. 

The agreement has been submitted to Concord District Court where a judge will decide whether or not to accept it. 

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