Springfield attorney calls for halt on breath test machines

SPRINGFIELD, Mass. (WWLP) – A Springfield OUI attorney is calling for a moratorium of the state’s breath test machines, saying the machines are producing misleading evidence.

Springfield OUI Attorney, Joseph Bernard, wants to halt the use of the state’s breath test machines.

He says his firm has discovered about a dozen instances of the machine, the Dräger Alcotest® 9510, not being reliable, and producing false positives. Bernard says the machines are not programmed with the tolerance ranges set by the Commonwealth’s Office of Alcohol Testing, but rather, the machine’s maker, Draeger, Inc. and this could be impacting cases statewide.

“I think the office of alcohol testing at least has an obligation at this point in time to tell us and go through, do an audit of their own, so we are all educated. I think at this point the best thing to do is stop.”

Attorney Joseph Bernard, Law Offices of Joseph D. Bernard, OUI Defense Massachusetts

Bernard has been contacting the OAT about this issue, and most recently the Massachusetts Supreme Judicial Court, asking for a moratorium on the machines until they are consistent with the state’s tolerance range. In the meantime, Bernard says that anyone impacted by these tests should consult their lawyers immediately.

“Lawyers out there who are litigating these cases could have a machine that actually failed the calibration process, yet they see a ‘PASS.’ Now that could be a big problem. It’s untruthful and misleading for lawyers and judges reading it.”

Attorney Joseph Bernard, Law Offices of Joseph D. Bernard, OUI Defense Massachusetts

22News has also contacted the state’s office of alcohol testing, we will provide their response once it becomes available.

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Kristina D’Amours is a reporter who is a part of the evening 22News team. Follow Kristina on X @KristinaD_WWLP and view her bio to see more of her work.

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