Judge Brennan Bans Breathalyzers in OUI Cases in Massachusetts

Attorney Joseph Bernard is the lead counsel in Commonwealth v. Ananias. On January 9, 2019, Judge Brennan ruled that breath tests cannot be used in OUI cases in Massachusetts until the Office of Alcohol Testing (OAT) has filed an application for accreditation with the ANSI National Accreditation Board (ANAB) that is likely to succeed. Meaning, as of right now, breath tests cannot be used as evidence in OUI cases until further notice. When speaking on Judge Brennan’s decision, Attorney Bernard told WWLP 22 News: “There are 7 different goals that the judge mandated they (OAT) reach. They claimed that they had already reached them in court, but the judge disagreed and said no, you have to do certain things, and until you do those certain things, you’re not going to be allowed to use breath tests in Massachusetts.”

Commonwealth v. Ananias has been an ongoing case for years that Attorney Bernard has been lead counsel on while representing all of his own clients for his firm as well. This case initially began because of Attorney Bernard’s deeper look into how the Draeger 9510 breathalyzers were being calibrated. With the help of our expert Attorney Thomas Workman, Attorney Bernard and Attorney Workman discovered that the Office of Alcohol Testing intentionally withheld documents that showed these units were not calibrated correctly. Attorney Bernard is the only attorney in Massachusetts that has been actively involved and educating himself on these breathalyzers from the very start.

The decision Judge Brennan made is going to affect at least 30,000 OUI cases. If you have been convicted of an OUI in Massachusetts since June 2011 and a breathalyzer was used in your case, please contact the Law Offices of Joseph D. Bernard to see what options you have. Attorney Bernard will be able to review your case in order to determine if our office can file a motion to withdraw your plea on your behalf.

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