These Machines Can Put You in Jail. Don’t Trust Them.

Authored by nytimes.com and submitted by steroid_pc_principal
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In 2016 — three years after Mr. Mottor was pulled over — the state’s highest court ruled that Massachusetts had to hand over two Alcotest machines. The defense lawyers would be allowed to hire experts to test them.

The decision caused paralysis. Prosecutors froze thousands of cases until the review was finished.

The software experts and scientists who inspected the Alcotest 9510 machines found troubling mistakes, according to their reports to the court. In some circumstances — when the devices’ two testing methods produced substantially different results, for example — the machines were supposed to generate error messages and terminate the test. Instead, the devices printed a result. (Dräger blamed an error by its computer programmers, which it said has now been fixed.)

But the machines weren’t the only problem. The Massachusetts forensic lab, which for years had been plagued by scandals over faked drug test results and tampered evidence, lacked a written procedure to set up and test machines, the lab’s technical director testified.

The justice hearing the case, Robert A. Brennan, said the lab could not prove that it had followed a “scientifically sound methodology,” and in 2017 he threw out all of its breath test results from 2012 through 2014.

That was only the beginning. Lawyers soon discovered that the lab had hidden records of hundreds of failed calibrations. The discovery provoked a state investigation that blasted the lab’s leadership for “serious errors of judgment.”

Justice Brennan later expanded his previous order: No tests from the lab were admissible until it was accredited by a national board that oversees forensic labs. Eight years of tests — more than 36,000, according to defense lawyers — were suddenly off-limits.

Mr. Mottor’s trial finally got underway on Jan. 10, 2018. He and his lawyer didn’t realize that his breath test was among those that had been invalidated. It remained the state’s crucial piece of evidence.

cinaak on November 4th, 2019 at 00:15 UTC »

I had a judge tell me to always fight the breathalyzer tests. Especially if that's the only test that they did. He said blood tests are the only accurate ones

tiddlypeeps on November 3rd, 2019 at 22:06 UTC »

Are these actually used in the US to convict people?

In Ireland these are used roadside and are considered enough evidence to bring someone into the office but for a conviction they need blood tests which they do once someone has been brought into the office.

vegatr0n on November 3rd, 2019 at 21:51 UTC »

I can't read that because it's paywalled, but I went to rehab years ago for alcohol and as part of the intake process they breathalyzed me - under the condition that if it wasn't completely clean I wasn't allowed in. I was freaking out because I had in fact been drinking the night before and I was afraid it would still be detectable. I blew a .03.

I - lying, this was not a proud period in my life - insisted I hadn't had any drinks in the last couple days, so the intake lady tried it herself. She also blew a .03. Now I don't know if I was actually clean and it was wrong for both of us, or if I somehow contaminated it, or wtf. But I knew from then on that those things couldn't possibly be 100% accurate.

EDIT: She swapped out the tube and she definitely wasn't drunk lol