Yesterday two prominent OUI attorneys notified various state agencies of defects in the maintenance and calibration of every Draeger Alcotest 9510 machine in Massachusetts.
According to a letter addressed to the chief justice of trial courts, the lawyers warn,
OAT {Office of Alcohol Testing] certified breath test machines are not programmed with Massachusetts tolerance ranges, and are at times producing untruthful “pass” results.
The attorneys also point out,
Most defense lawyers and prosecutors will be unable to identify this misleading information; it was only after countless hours of research that we were able to unearth these problems. The information is buried and the fact that the machines are not programmed consistent with Massachusetts standards is totally unfair and deceptive.
The letter, in its entirety, is attached below.