Boston to Review Breathalyzer Test Machines After State Concerns Rise

The Essex and Middlesex County District Attorney’s offices suspended the use of breathalyzer test results in operating under the influence cases until further notice, and the Norfolk District Attorney office is taking a case-by-case approach after breathalyzer test errors became a concern. Suffolk County announced Thursday the review of area tests and reliability of those methods.

In mid-March, district attorney offices were notified by the Massachusetts State Police that there was a possible issue with the breathalyzer devices.

Suffolk County District Attorney Daniel F. Conley Thursday directed Suffolk prosecutors to request continuances in any pending OUI cases involving evidence from breathalyzer test machines. At issue is the fact that breathalyzer machines used in two Suffolk prosecutions gave readings during calibration tests that were within the manufacturer’s guidelines but outside the narrower range imposed by the Code of Massachusetts Regulations.

Suffolk prosecutors will undertake two additional steps to ensure that the evidence from those machines is reliable:

• They will seek to have all the breathalyzer machines currently in operation in Boston, Chelsea, Revere and Winthrop tested and calibrated at the earliest opportunity to ensure their proper functioning moving forward.
• They will also undertake a review of OUI convictions that used breathalyzer evidence since the current machines were introduced.

The Cape and Islands district has also suspended use of breath testing, according to the Boston Herald. District attorneys in Worcester County have not suspended the use of breathalyzer testing.

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