Essex County DA Suspends Use of Breathalyzer Test Results in OUI Cases

By LIZ TAURASI (Patch Staff)

UPDATED: The Essex and Middlesex County District Attorney’s offices are suspending the use of breathalyzer test results in operating under the influence cases until further notice.

In mid-March, the Essex district attorney was notified by the Massachusetts State Police, that there was a possible issue with the breathalyzer devices used in five cases in Essex County.

“ We have notified all of the attorneys in those five cases,” according to the a statement from District Attorney Jonathan Blodgett’s office on Thursday morning.

“On Wednesday, April 15th, representatives of the Massachusetts State Police met with the Massachusetts District Attorneys Association to discuss potential issues concerning the BT (breathalyzer) devices. The DAs were advised that there is a review underway by the Massachusetts State Police and the Executive Office of Public Safety to determine the exact nature and scope of the issue. The following morning, in an abundance of caution, DA Blodgett advised his staff to suspend use of BT results, as evidence, in all open OUI cases until the review is completed. We will proceed on those cases with other evidence.”

It is premature to speculate as to the possible impact this review will have on current or previous cases, according to the Essex County district attorney’s office.

“As soon as we are advised of the results of the EOPPS review, we will share that information with defense attorneys,” the district attorney’s office said in a statement.

In Middlesex County, District Attorney Marian Ryan said in a statement Wednesday night that her office was notified in mid-March by the Office of Alcohol Testing that there was an issue with breath tests given to several identified defendants in Middlesex County.

“We have notified defense attorneys in those active cases and we are in the process of contacting attorneys in identified disposed cases,” she said in the statement.

Ryan said they met with State Police representatives who informed her office the problem may go beyond those isolated cases.

“As a result of this additional information, conscious always of our obligation to ensure that the integrity of our evidence be above reproach and in an abundance of caution, I have instructed Assistant District Attorneys in my office to suspend the use of breath test results in operating under the influence cases until further notice,” she said.