Unreliable Breathalyzers for Massachusetts Defendants from 2011-2019

On February 1st, the Court ordered 27,000 letters to be sent to those impacted by unreliable breathalyzers that were calibrated between June of 2011 and April 17, 2019. Defendants who took a plea or were found guilty after trial because of the evidence derived from the Draeger 9510 breathalyzer may be eligible to have their conviction vacated.

The removal of an OUI conviction could have significant positive impacts related to a criminal record, driver’s license, employment opportunities, housing eligibility, immigration consequences, and more.

Attorney Bernard is lead defense counsel in the statewide litigation Commonwealth v. Ananias, which challenged the reliability of breath test results. The case shed light on significant shortcomings and the intentional malfeasance at the Office of Alcohol Testing (OAT). The defense uncovered how OAT withheld court-ordered exculpatory evidence of breathalyzers failing calibrations from defendants across the state. What these 27,000 letters represent is the potential for justice for citizens impacted by OAT's serious misconduct and the resulting omissions made in the prosecution of their criminal case.

"The integrity of the criminal justice system really needs to be remedied. In this particular case, we are showing here that the system does work by providing people with a remedy to get their life back," states Attorney Bernard.

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