Draeger Alcotest 9510 Problems
Breath Test Flaws & Wrongful DUI Convictions
The Draeger Alcotest 9510 cannot be trusted. This breath test machine may have resulted in thousands of wrongful DUI convictions throughout Massachusetts, which could have been avoided had state police lab officials been honest in the first place.
After a statewide hearing determined all breath tests administered between June 2011 and April 17, 2019 should be excluded from criminal prosecutions, 27,000 notices were sent out to people who were convicted of DUI or admitted to sufficient facts. If you received a notice, you may have an opportunity to challenge the outcome of your case with the help of a good lawyer.
In the statewide hearing, a judge discovered alarming truths about the use of the Alcotest 9510.
Officials in the state police lab knowingly allowed the use of improperly calibrated machines to be used for breath tests but tried to play down the seriousness of the problem. In other words, they knew this machine was unreliable but used it anyway. As a result, countless people suffered life-changing consequences of their DUI convictions and may continue to suffer these impacts.
So, if you received a notice on challenging your DUI conviction based on the Draeger Alcotest 9510 breathalyzer machine, the time to start the process is right now.
Why Should I Challenge My DUI Conviction?
If your DUI conviction was based on an Alcotest 9510 machine that was calibrated and certified between June 2011 and April 17, 2019, you may have the chance to clear your name and move forward. As you may already know, a DUI conviction could result in jail time, license suspension, fines, and more. If you experienced one or more of these penalties yourself, you know how devastating they can be.
Often, a DUI conviction has “invisible punishments,” which include barriers to:
- Housing
- Employment
- Public benefits
- Immigration
- Occupational and professional licenses
- Financial aid
- Higher education
- Driving
If you successfully challenge your DUI conviction based on the problematic Alcotest 9510, these obstacles may transform into opportunities to get your life back. And rightfully so. For more information about challenging your OUI conviction, click here to visit our page.
What Happens If I Successfully Challenge My DUI Conviction?
You have the right to a new trial if you challenge your conviction and win. Although it sounds nice and straightforward, you should consider the following information before challenging your DUI conviction:
- If your challenge is successful, a judge will undo or “vacate” your conviction
- You may get a new trial or an opportunity to negotiate a new plea in your case
- Your chances of being found not guilty or getting your case dropped altogether are higher if your breath test result was evidence in your DUI case
- If you get a new trial, the government may attempt to bring up charges that were originally dismissed or use other kinds of evidence to secure a new conviction, such as driving infractions, car accidents, failing field sobriety tests, statements you made, and more
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Case Dismissed July 2019 Case Result – Brockton District Court
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Favorable Outcome July 2019 Case Result – Quincy District Court
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Case Dismissed July 2019 Case Result – Milford District Court
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Case Dismissed August 2019 Case Result – Boston Municipal Court Central Division
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Favorable Outcome August 2019 Case Result - Milford District Court
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Case Dismissed August 2019 Case Result – Boston Municipal Court – East Boston Division