DA seeks postponements in OUI cases involving Breathalyzer tests

Word comes after it turned out two of the machines used by Suffolk County prosecutors for evidence "gave readings during calibration tests that were within the manufacturer’s guidelines but outside the narrower range imposed by the Code of Massachusetts Regulations," the DA's office reports, adding it is working with state experts to try to figure out what to do about the results.

Also, Suffolk prosecutors will:

Undertake two additional steps to ensure that the evidence from those machines is reliable. First, they will seek to have all Breathalyzer machines currently in operation in Boston, Chelsea, Revere, and Winthrop tested and calibrated at the earliest opportunity to ensure their proper functioning moving forward. Second, they will undertake a review of OUI convictions that used Breathalyzer evidence since the current machines were introduced. While we have no reason to believe that the very small number of affected Suffolk cases will increase, we have every reason to seek certainty that past convictions are based on reliable evidence.