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:
- Public benefits
- Occupational and professional licenses
- Financial aid
- Higher education
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
Should I Hire a Lawyer?
You are strongly encouraged to hire a private attorney to protect your rights and defend your innocence. As you can see from the information above, you have a lot to consider before challenging your DUI conviction. Your lawyer can analyze the details of your case, focusing on the circumstances that lead to your arrest and subsequent conviction. From there, they can determine whether or not you have a good chance of getting your conviction dropped.
Should you choose DeGiacomo & Mikhlin, P.C. to represent you, you will benefit from the insights of former prosecutors with nearly 10 years of legal experience. Attorneys James DeGiacomo and Sergey Mikhlin know how prosecutors operate and plan their attacks against defendants in your shoes because they worked on that side of the system. They will invest the research, resources, and insights needed to help get your DUI conviction vacated.
Not to mention, Attorneys DeGiacomo and Mikhlin are available 24/7 to answer questions and concerns, as well as give updates about your case. With a track record for hundreds of happy clients, Attorneys DeGiacomo and Mikhlin are your trusted, powerhouse advocates.
Learn about your legal options during a free consultation. Contact us at (617) 941-3666!