While prosecutors remain on the watch for inaccurate results, others called for a more thorough and independent review of the situation. Specifically, the Massachusetts Bar Association formally requested Massachusetts Attorney General Maura Healey to commission a more extensive analysis. The Bar Association reasoned that the inaccurate results called into question whether each defendant was receiving the fair trial guaranteed to each criminal defendant by the United States Constitution.
This is not the only instance in which the accuracy of breathalyzer results were successfully questioned. For instance, between 2009 and 2010, the Philadelphia police used breathalyzer machines that were miscalibrated, yet left those machines in service knowing that the readings were inaccurate. This affected almost 1,500 litigants and took nearly four years to resolve, the process of which was at the great expense of taxpayers. Additionally, police in Allegheny, PA forged results in the breath test log. This resulted in the local district attorney dismissing numerous cases. There was similar police misconduct in Phoenix, AZ causing false breathalyzer results to be published.
These few examples serve as a testament to the need for the accused to seek the experienced representation of counsel, who can challenge these tests and other aspects of one’s DUI case.