Breathalyzer Malfunction: 2 Years of Mass. DUI Cases In Question

Did you or loved one plea out to an OUI in the last two years? You need to read what is in the rest of this article then contact a lawyer immediately.

On March 9, 2015 Melissa O’Meara, Technical Leader, Office of Alcohol Testing, MSP Forensic Services Group sent a memo to the Executive Director of Massachusetts District Attorneys Association informing them that the Draeger 9510 Breath Testing Machine is not functioning correctly.

Essentially, the machine is working when it should not be!

The gas-calibration standard did not meet the 501 CMR 2.11(3) requirements between 0.074 – 0.086, yet it allowed a subject/arrestee to take the test and allowed a faulty test result to be produced.

At Oberhauser Law we have been challenging the Draeger Breath Test Machine since 2009.

Our Source Code Challenge included one of our client Daens and 61 others. This was an attempt to point out the software problems contained at that time in the 7110 machine. Of the 54,000 lines of code, over 19,000 lines had errors and 19 confirmed errors existed that were termed catastrophic!

We were denied a hearing on this issue, in part because the judge ruled that the Legislature of the Commonwealth has said the machine is OKAY!

This is presently being ruled on by the Supreme Judicial Court “SJC”, whether a Due Process violation occurred in not allowing this hearing and having a better understanding of this machine.

The software in the old machine is virtually the same software in the new 9510 machine with some new advances for better communication with Office of Alcohol and Testing. This “communication” is the data referenced in the memo; the names, serial numbers of the machine, date of arrest and solution lot number of the gas- calibrations standard.

This malfunction of the breath testing machine is not an isolated event, numerous police departments and district courts have been notified about the failure of the machine to work properly. Because of the widespread failures, this can only be linked to a software malfunction. The authorities have all said that this machine is so smart it will tell you when a problem exists—it did not in these cases.

The District Attorneys in Middlesex, Essex and other counties are suspending the use of the breath test results at trial until this matter can be further investigated and explored.

This is the correct move on their behalf but I do have an issue with the late disclosure to the defense bar. This malfunction was known as early as March 9, 2015 and not disclosed until April 17, 2015—a number of clients made poorly informed decisions in the last 39 days about what to do with their pending trials where BT results were questioned.

If you are one of those people who plead to an OUI you need to immediately contact you past lawyer or contact our office and bring in your court paperwork. There is a lot that needs to be done and can be done in the near distant future.

Let Our Understanding of the Science Win Your Freedom

We at Oberhauser law are aggressively creating new discovery motions to find the source of these problems and to learn more about sub-par breath testing machine. We are aided in this endeavor with of our training which has led us to be the only Lawyer-Scientist in Massachusetts as conferred by the American Chemical Society. Contact us by filling out the form on our website or call 978-452-1116 for immediate results.

Attorney Gregory Oberhauser

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Gregory Oberhauser is the ONLY attorney in Massachusetts to be distinguished as an ACS-CHAL Forensic Lawyer-Scientist by the American Chemical Society!

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