PERSONAL INJURY BLOG

Court Orders Hearing on Reliability of Breathalyzer

Thursday, July 09, 2015

The Massachusetts Supreme Court recently ordered a hearing on the reliability of a specific type of breathalyzer device that has been used in a number of DUI arrests.

That state's highest court ruled in June that the reliability of breathalyzer device in question must be established before any evidence related to tests performed on the breathalyzer could be admitted in court. The breathalyzer device in question is the Alcotest 7110 MK III-C. This breathalyzer was used in a case in which the defendant mounted a challenge to the accuracy of the test. He is joined by at least 61 other defendants in similar DUI cases, who are calling into question the reliability of the results from this particular breathalyzer model.

According to the motorists, who are calling into question the reliability of these breathalyzer test device results, the device test results are scientifically unreliable. Further, they allege that the device also comes with several other deficiencies that make any breath test results produced by the device unreliable. They also allege that the test results from the breathalyzer are not reliable, because it is not designed purely to test for ethanol. They also allege that the calibration tests performed do not establish the accuracy of the device.

However, the judge assigned to their case rejected their motion without even a hearing, stating that the results of the device are admissible under a Massachusetts statute. However, the Supreme Court has disagreed, and ruled that the Alcotest is the first breath test machine that tests using infrared technology, and courts have thus far not established the reliability of this device.




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