State Notifies Thousands After Breathalyzer Results Thrown Out

BOSTON (WBZ NewsRadio) — The Massachusetts Office of the Trial Courts is sending 27,000 notices to individuals convicted of driving under the influence saying the breathalyzer tests used in their prosecutions were not reliable.

A five-year court battle found the Drager Alcotest 9510 breathalyzer machine was unreliable, and that “all breath tests administered in Massachusetts between June 2011 and April 18, 2019 have been excluded from use in criminal prosecutions,” the notice said.

Attorney Joe Bernard is one of the attorneys who sued.

“You have 27,000 citizens whose lives were turned upside down by a breath test result have now an opportunity to go back and revisit and possibly remedy the problem that was created,” he said.

Bernard pointed out a breath test is just one component of an OUI conviction.

WBZ NewsRadio's Karyn Regal (@Karynregal) reports

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(Photo: Getty Images)

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