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27, 000 Could Have Their Massachusetts DUI Convictions Overturned

By Dhar Law, LLP

As reported​​ in the Salem News today there may be an important development in your Massachusetts DUI conviction.

The wait for justice has been almost a decade long. 27,000 people who may have been wrongfully convicted of DUI offenses using faulty breath tests between 2011 and 2019 are finally getting the opportunity to have their day in court to restore justice, their individual reputations and in some cases their ability to hold driving licenses in the state.

The infamous Draeger 9510 Alcotest was bought by the state in 2011, and since then improperly calibrated machines have been knowingly used by the state and police officers to obtain DUI / drunk driving convictions even though the machines were not calibrated to the accuracy required by state law. Anyone who pleaded guilty to DUI or admitted to sufficient facts in a drunken-driving case between June 2011 and April 18, 2019, may now be able to challenge their original conviction.

As of 2/3/2021 27,000 notices are being sent out informing people that the results of their Alcotest 9510 test are now inadmissible in court. You may be able to receive a new trial if you can convince a judge that the breath test results are the reason you have been found guilty. To do this you will need a Massachusetts​ DUI defense attorney​ who can help you argue that the faulty Alcotest 9510 result was the main fact in your case that led to a conviction.

Drunk driving offenses can cost people anything from money, time, a job, a reputation, jail-time, housing, immigration opportunities, and even child custody or visitation of children. False conviction of a DUI offense can derail people’s lives and relationships. During the 2019 case, the Judge learned through an investigation that the Office of Alcohol Testing had intentionally withheld evidence during hearings that showed hundreds of failed calibrations on the Alcotest machines. This is a serious miscarriage of justice that may have affected you if you had to go to court on a DUI charge between 2011 and 2018.

If you are one of the 27,000 who has received a notice from the state about your DUI conviction, there is now a chance to restore justice and your reputation. Coronavirus court backlogs could delay your trial, so it’s recommended to get in touch with your DUI attorney as soon as possible.

At Dhar Law, LLP, our knowledgeable DUI attorneys have decades of experience representing clients charged with operating a vehicle under the influence. We also represent individuals who face other alcohol-related charges, such as having an open container of alcohol in a vehicle. If you or a loved one had been arrested or convicted of DUI / drunk driving, having an open container, or any crime involving operating a motor vehicle, contact​​ our offices today at (617) 880-6155 to schedule a free consultation.

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Heading up the firm, Vikas Dhar is widely recognized as a leader in the New England legal community. An accomplished business litigator and a “Top 40 Under 40” criminal defense attorney, he has also been honored as a New England Super Lawyer/Rising Star in the area of White-Collar Criminal Defense for each of the past six years by Boston Magazine.

I have the power and the skill to be able to save people from themselves. I can be your guide during the darkness. I can hold your hand and navigate you out of the darkness into the light.

— Vikas Dhar
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