We have an issue right now in Massachusetts regarding DUI cases and breathalyzers. As it turns out, breathalyzer readings are not always correct due to the way the machines are calibrated. We’ve recently been notified that 69 out of 6000 prosecuted DUI cases here in Massachusetts have been reliant on breathalyzer results that came from these incorrectly calibrated machines. While that is a small percentage of overall cases, it may have a more wide-reaching impact.
Middlesex, Essex, Plymouth and the Cape and Islands counties are no longer looking at breathalyzer results and instead are relying on field sobriety tests for these cases. What will happen in these 69 cases is still up in the air, but the burden proof has become more complicated.