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Breathtest OUI/DUI Could Be Overturned

Posted by Matthew Gilman | Sep 30, 2021 | 0 Comments

27,000 OUI/DUI convictions Could be Overturned

The Massachusetts Trial Court announced this week that 27,000 notices will be sent to individuals who may have pled or were found guilty of OUI/DUI between 2011 and 2019 and today may be eligible to have the conviction overturned and a new trial ordered.

Brief History of how we Got Here

These cases all relate to the Draeger 9510 Alcotest which is the breathalyzer device introduced in Massachusetts in 2011. Through years of litigation and investigation into the Massachusetts Office of Alcohol Testing (OAT) there was a determination that some of these devices were being improperly calibrated and yet the breathalyzer results were being by the state and police department to obtain OUI/DUI convictions. Additionally, the litigation exposed that OAT was intentionally withholding court-ordered exculpatory evidence.

The impacted individuals were prosecuted with or threated with prosecution with breath test results that potentially based on not properly calibrated devices.

Why This Matters

People who are convicted of or who pled to an OUI/DUI charge often times have their lives significantly impacted. Families are torn apart, jobs are lost and futures are impacted. Additionally, such convictions results in significant license suspensions.

All of the consequences of an OUI/DUI conviction for these potential 27,000 individuals were the result of potentially an illegal and improper disposition in court.

As part of the litigation agreement every District Attorney in the Commonwealth has agreed not to attempt to admit these breath test results as evidence in cases that are reopened. The exception to this ban are cases that allege motor vehicle homicide by OUI, operating under the influence causing serious bodily injury and operating under the influence of liquor as a 5th or greater offense.

What You Should Do

If you were charged with an OUI/DUI between 2011 through April of 2019, and submitted to a breathalyzer test and either pled or were found guilty of OUI/DUI you are welcome back into court.

Gilman Law, P.C., offers free case consultations and case reviews. Not every single of the 27,000 cases may make sense reopening. There are a number of factors that the impacted individuals need to consider when making these important dev

Contact Gilman Law, P.C., for a free case consultation and review of your options.

About the Author

Matthew Gilman

Meet Matthew Gilman Attorney Matthew Gilman understands the difficulties his clients face when their driver's license is suspended or they are charged with an OUI/DUI.  Prior to opening his law practice, Attorney Gilman worked as a Registry of Motor Vehicles (RMV) hearings officer. During his t...


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