D.C. case illustrates Breathalyzer issues in Massachusetts OUI cases

February 17, 2011, by

The Attorney General for the District of Columbia has been forced to drop dozens of drunk driving cases because of inaccurate breathalyzer results, The Examiner reported.

We frequently write about the need to contact an experienced Massachusetts OUI defense lawyer when facing drunk driving charges. Breathalyzer tests in Massachusetts can frequently be challenged, along with the results of field sobriety tests. Successfully challenging evidence often results in a reduction or dismissal of the charges.
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A host of issues are involved in determining the proper administration of a breathalyzer examination, including whether a client burped or has stomach indigestion, whether the machine is properly maintained and calibrated, and whether the officer has received proper training.

The Examiner reports D.C. prosecutors are dropping drunk driving charges because of a problem with the city's breathalyzer. The results have not been admissible in D.C. courtrooms since February 2010, when it was revealed the results were inaccurate. Defense attorneys contend the District Attorney is dropping charges rather than revealing the results of an investigation into the conduct to two police officers who were responsible for a third of the city's 1,400 annual drunk driving arrests.

A review of 25 dismissed cases found one of the officers made the arrest in each instance. A union chief said it was those two officers who brought the breathalyzer issues to the forefront and that they are being targeted as a result.

Earlier this month, police in D.C. stopped using the breath analyzers to test BAC levels because the medical examiner's office won't certify the results. Police are using urine samples instead.

D.C. politicians are jumping into the fray, voicing frustration that the system has been broken for more than a year.

Massachusetts Drunk Driving Defense Attorney Michael DelSignore handles all types of OUI matters, including OUI/Drugs and drunk driving accidents.

The Law Offices of Michael DelSignore are conveniently located in Stoughton, Attleboro, New Bedford and Westborough.

Call (508) 455-4755 for a free consultation, 24 hours a day, including weekends and holidays.