Challenging Prior OUI Convictions

Clients facing a charge of OUI beyond a first offense may have a new means of challenging their prior convictions if they submitted to a breath test in prior cases. Judge Brennan held in Commonwealth v. Ananias that breath test results obtained from the Draeger Alcotest 9510 breathalyzer devices which were last calibrated between June 2011 and September 14, 2014 are presumptively excluded from evidence. In other words, the Commonwealth cannot use evidence of a breath test against a defendant if it was last calibrated during that timeframe.

This decision directly affects clients who were previously convicted of OUI with evidence of a breath test result from a Draeger Alcotest 9510 breathalyzer device last calibrated within that timeframe. Attorney Bernard has already successfully challenged such cases, and has had prior OUI charges dismissed.

The decision also indirectly affects those clients who were convicted of OUI and submitted to a breath test on a different breathalyzer device in Massachusetts. Attorney Bernard has been challenging such convictions based on the reasoning of Judge Brennan's decision.

To learn more about information about whether Judge Brennan's decision affects your prior OUI convictions, contact Attorney Joseph D. Bernard (413) 831-5579.