District attorneys across Massachusetts suspended the use of the Draeger 9510 Alcotest in August of last year. The reason for this is that the device could provide false readings because it failed to properly calibrate. The issue is being investigated by the Executive Office of Public Safety and Security. This means that law enforcement does not currently offer any evidence gathered by the 9510 Alcotest in trials or plea negotiations. This is despite the fact that law enforcement is still using the device. The commonwealth is also dismissing evidence provided by the similar but older Draeger Alcotest 7110.
Alcotest 9510 not admissible
According to a report in the Lowell Sun, the Supreme Judicial Court ruled in late 2017 that the technology behind the two devices was sound but that there is a possibility that they were improperly operated or calibrated. The Office of Alcohol Testing (OAT) was also found to not have a reliable method to annually certify the machines before September 2014. This revelation effects tens of thousands of OUI cases brought since 2011 when the Alcotest 9510 was first used.
A movement afoot
There is now a movement to have cases involving OUI’s between June 2011 and September 2014 dismissed. Individuals who were charged can have their plea withdrawn, or they can request a new trial. If your OUI took place during this time, it is advisable to contact an attorney who has experience handling OUI here in Massachusetts.