Massachusetts DUI Attorney Blog

Botched breath tests compromised evidence in more than 1,000 Philadelphia drunk driving cases, the Inquirer reported.

We have reported here before on the importance of challenging the results of a breathalyzer examination when fighting a Massachusetts OUI charges. Drunk driving defense lawyers in Massachusetts and elsewhere continue not only to challenge the result of individual breath results, but the very technology upon which such testing relies.

-Recently we wrote on our Massachusetts DUI Attorney Blog about the importance of challenging mobile breathalyzer results at DUI roadblocks. And we previously reported on the problems with breathalyzer results in Philadelphia.

-Fox News reports Washington D.C. police are not introducing the results in court as the city switches to a new machine it believes offers better, more reliable results.

-The Burlington Times News recently reported a North Carolina judge has refused to allow defense attorneys access to the computer code upon which the area's breathalyzer machine operates. Defense attorneys nationwide continue to argue that failure to permit a defendant access to the code denies a person charged with drunk driving the ability to confront his or her accuser.

-In Minnesota, a judge ruled the state's Intoxilyzer results work well enough to be used in court, but acknowledged limitations of the machine's source code. Minnesota is replacing the machines with new technology, Fox News reported.

-And, as the St. Petersburg Times reports, Florida attorneys continue to fight for the release of the computer code used to operate machines in that state. As the Times reported:

"The technology has evolved over 73 years, but it's more vulnerable to legal challenge than ever. Partly because of doubts about the Intoxilyzer, prosecutors have struggled to get convictions in some counties. Judges in two counties won't even allow Intoxilyzer evidence."

In the Philly case, city officials admitted that an improperly calibrated machine compromised evidence in 1.147 cases -- raising the distinct possibility that many of those cases could be dismissed. Those convicted in cases from September 2009 to November of last year can request a new trial.

The city's response: "We screwed up, folks."

At issue is the fact that four of the police department's eight breathalyzer machines gave false readings about whether a defendant's blood-alcohol level was above the legal limit of .08.

This case is just one more illustration of why it is critical to consult a criminal defense lawyer whenever you are facing drunk driving charges in Massachusetts or elsewhere.