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  • Nicholas Adamopoulos

Alcohol Breath Testing Results-Once Again Admissible

For nearly a year breath test results in OUI cases within Massachusetts have been inadmissible. In fact, per a Court approved agreement dated November 5, 2018, all breathalyzer test results administered by an Alcotest 9510 breathalyzer were deemed inadmissible retroactive to June 2011. The period of inadmissibility would continue until the Commonwealth could demonstrate certain Court required criteria were sufficiently met.

On July 29, 2019, Judge Brennan, Justice of the District Court, ruled that the Commonwealth can once again to admit breathalyzer test results in OUI cases. Judge Brennan found:

“Based upon the foregoing, the Court finds that the Commonwealth satisfied all of the requirements of the January 9, 2019 Memorandum of Decision on Consolidated Defendants' Motion to Compel and to Impose Sanctions as of April 18, 2019. Accordingly, it is hereby ordered that the Commonwealth's Motion to Admit Breath Tests is ALLOWED for all Alcotest 9510 machines calibrated and certified on or after April 18, 2019.”

Based upon this ruling, for a breathalyzer test to be admissible in your OUI case, the breathalyzer machine must have been BOTH calibrated and certified on or after April 18, 2019. Machines are calibrated routinely, but not certified as often. Therefore, if you were charged with an OUI on or after April 18, 2019 it does not automatically mean that the breathalyzer test result is an admissible piece of evidence for the Commonwealth.

If you have been charged with an OUI contact an attorney at Lake Shore Legal. Our attorneys can review the specific facts of your case and discuss potential defenses available to you. Further, our attorneys can obtain the necessary records to determine whether any breathalyzer test in your matter is admissible based upon the calibration and certification date of the Alcotest 9510 machine utilized.

An OUI conviction can have a lasting impact on an individual’s record moving forward. Allow Lake Shore Legal and its experienced attorneys to assist you. Contact us at (508) 943-7800 or

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