In response to the challenge to alcohol breath test results involving the Alcotest 9510, a Massachusetts judge has recently ruled that the BAT results for yielded by this machine for the period between June 2012 and September 2014 are unreliable and inadmissible at trial. Results yielded after September 14, 2014, he further ruled, are admissible.
In Massachusetts, it is estimated that approximately 2,000 to 3,000 Drunk Driving or OUI/DUI cases were likely affected and/or waiting for the outcome of this decision. The Alcotest 9510 machine, which is manufactured by Draeger Safety Diagnostics, is an alcohol breath test machine that is used by hundreds, if not thousands, of police departments across the country.
The issues in the challenge to the breathalyzer machine was whether the source code in the Alcotest 9510 produces accurate results; whether the machine’s code in producing breathalyzer ratios is accurate; whether the machine’s methodology produced unreliable results; and whether the BAT machine’s source code has security flaws that would make is susceptible to manipulation, and consequently, unreliable results.