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Breathalyzers are the machines used during a DUI stop to check the estimated blood alcohol level through the breath. In order to be effective, they must be maintained and calibrated regularly. Everything has to be done to factory specifications or the test will be unreliable, otherwise there is a good chance that the results may be inflated. And it happens more often than people might realize. If your blood alcohol content (BAC) was measured at above .08%, even slightly, you can be charged with a DUI. Since the results of breathalyzers are not always accurate nor reliable, some lawyers are starting to question the validity of the results of these tests. Greg Oberhauser is one of those lawyers. He asked for the Source Code of the Alcotest 7110 breath testing machine in order to see if the machines were reliable in detecting the alcohol levels of suspected DUI clients. He stated that the contract between the manufacturer Draeger and Massachusetts gave all rights and obligations to the state, and hence it was discoverable. However the ADA responded that if the source code was given to the defendant, then there would be a breach of contract with Draeger. Therefore, the judge dismissed the case because the defendant’s rights were greater than those of a civil contract. Oberhauser went on to close more cases this way, and soon other lawyers caught on and used the same argument. Soon the government started to appeal on the cases, and eventually the source code was produced and evaluated by experts. Before the expert testimonies, the judge denied a hearing on whether or not the Alcotest breath testing machine is reliable and accurate. A case needed to be lost in order to be heard in the Appellate or Supreme Judicial Court (SJC), however he won all 28 or so cases won and the source code was not challenged. If you’re looking for an experienced attorney to fight an OUI charge in Massachusetts, contact attorney Gregory Oberhauser today. Work with the Only Certified ACS-CHAL Forensic Lawyer-Scientist in Massachusetts that understands the OUI law and can fight for you!