(WHDH)– Prosecutors across the state are taking breathalyzer tests out of evidence in trials.
At least five district attorneys say they will no longer present these tests as evidence following concerns raised about the machines and their accuracy for now.
Defense attorney Steve Panagiotes blamed the Office of Alcohol testing for not properly training officers and troopers on how to use and maintain these devices.
“We deserve it, the public deserves it,” he said. “If we’re going to use the science it’s gotta be scientific, it’s gotta be accurate it’s gotta be done with integrity and it just hasn’t been.”
Panagiotes said there are other ways to identify and convict drivers who operate under the influence. He encourages looking at field sobriety test results because law enforcement officers are well-trained to conduct those tests.
Ron Bersani, an advocate for strict DUI laws, said he believes getting rid of breathalyzer tests will make it harder to convict intoxicated drivers.
His granddaughter, Melanie Powell, was hit and killed by a repeat offender in 2003. She was only 13-years-old.
Her death inspired Melanie’s Law, one of the toughest intoxicated driving laws in the nation.
Bersani said the proper use of technology will help put a dent in drunk driving numbers.
“I don’t want to see anyone convicted falsely, on the other hand, I think by eliminating the breathalyzer, the end result will put a lot more dangerous people back on the road,” he said.
In addition to improved breathalyzers, Bersani said law enforcement officers should use technology like body cameras to build their case against accused intoxicated drivers.
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