BOSTON (MyFoxBoston.com) -- Breathalyzers are functioning properly, according to a public safety review.
The Massachusetts Executive Office of Public Safety and Security reviewed about 39,000 breath test results and found no evidence that the tools used during those tests are working improperly, officials say. However, there were a small amount of test results that were inaccurate and that was due to human error, according to the review.
Officials are working to figure out which breath tests were affected by operator error.
âMotor vehicle operators and the law enforcement community must have faith that breath tests are accurate and reliable, and we have taken the steps necessary to make sure that is the case,â said Secretary Daniel Bennett. âThe Executive Office of Public Safety is currently working with the appropriate District Attorneys to identify each individual whose breath test was affected by operator error, so that we can ensure that the operator errors did not unfairly impact any OUI prosecutions; and so that prosecutions of those suspected of operating under the influence can go forward based on all of the available evidence, including breath tests.â
The president of the Mass. Bar Association isn't 100 percent convinced and wrote a letter to the attorney general's office asking for an independent investigation into how nearly 150 breathalyzer results were used as evidence when the calibration read outs were outside the legal limits in Mass.
Marsha Kazarosian of the Mass. Bar Association said, "So you're being convicted based on a number produced by a machine. Don't you want to be darn sure that number is right and how you got to that number is pristine? I would."
Last month district attorney's across the state leaned about the issue and many suspended using the results as evidence. In the Commonwealth, all of the local and state police departments use the Draeger 9510, which automatically calibrates itself and shuts down if the calibration read is outside the legal range.
The Office of Public Safety says, "The review also determined that when the Commonwealth transitioned its breath test instruments to the current model in 2011 it failed to request that Draeger customize its instruments to comply automatically with the requirements of the Massachusetts regulations."
Attorney Armond Colombo said, "That can be the nail in the coffin in an OUI, if it's accurate that is hard to beat."
Colombo represents a man who the Essex County DA says had an invalid result used as evidence. Colombo said he and his client are planning to as for a new trial. The bar association is also concerned the state originally said about 70 cases were impacted by the invalid results. Now it's 150.
Christopher Loh, spokesperson for Attorney General Maura Healey released the following statement Tuesday, "Any time there is a question about the validity of evidence used in a criminal proceeding, the Attorney General is concerned. We will review the letter and determine the next best steps to address this issue.â