OUI Charges Dismissed on Day of Trial: .21 Breath Test Excluded Under Commonwealth v. Hallinan
By Attorney Michael Patrick Murray | April 16, 2026
On April 15, 2026, charges of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI) against my client were dismissed on the day of trial in Commonwealth v. Defendant, Docket No. 1167 CR 0971, in the Trial Court of the Commonwealth of Massachusetts. My client had recorded a breath test result of .21 — nearly three times the legal limit — and was facing mandatory minimum penalties including six months in jail and a thirteen-year loss of license as a subsequent offender.
As a result of this dismissal, my client received no jail time and no additional penalties whatsoever.
This result was made possible by the Supreme Judicial Court’s landmark decision in Commonwealth v. Hallinan, 491 Mass. 730 (2023), and the ongoing fallout from the breathalyzer scandal that has shaken OUI prosecutions across Massachusetts.
What Is the Hallinan Decision?
In Commonwealth v. Hallinan, the Supreme Judicial Court addressed the systemic failures in the calibration and certification of the Alcotest 9510 breathalyzer devices used across Massachusetts. The Court held that defendants who pleaded guilty or were convicted after trial — where the evidence against them included breath test results from an Alcotest 9510 device last calibrated and certified prior to April 18, 2019 — are entitled to a conclusive presumption of egregious government misconduct.
This is not a technicality. The Office of Alcohol Testing (OAT), which was responsible for certifying the accuracy and reliability of every breathalyzer device used in Massachusetts OUI prosecutions, engaged in widespread misconduct that compromised the integrity of breath test results statewide. The SJC’s remedy was sweeping and deliberate: if your conviction or guilty plea relied on breath test evidence from a device tainted by this misconduct, you are entitled to relief.
What This Means in Practice
Under the Hallinan framework, a defendant whose prior OUI conviction or guilty plea was obtained using a compromised Alcotest 9510 result can file a Motion to Withdraw Plea and for New Trial. When that motion is allowed, the court vacates the prior judgment and grants a new trial.
At the new trial, the breath test result is excluded from evidence. The Commonwealth must then prove its case beyond a reasonable doubt — without the breath test.
Here is where time becomes the defendant’s greatest ally. Many of these cases are ten, fifteen, or even twenty years old. Witnesses retire, relocate, or simply cannot be located. Arresting officers leave the department. Memories fade. Video evidence may not exist or may have been destroyed pursuant to routine retention policies. The practical reality is that when the Commonwealth is unable to produce a witness — a consequence of the passage of time, not any improper conduct by the defense — the case cannot proceed to trial. Dismissal follows.
And critically: you face no additional penalty. The Hallinan framework does not expose you to harsher sentencing or new charges. The worst-case scenario is that the Commonwealth retries the case without the breath test. The best-case scenario — as happened here — is a complete dismissal.
Why This Matters for Second and Subsequent Offense OUI Charges
This result carries enormous implications for anyone currently facing a second, third, or subsequent offense OUI charge in Massachusetts.
Massachusetts OUI penalties escalate dramatically with each prior offense. A second offense OUI carries a mandatory minimum sentence that includes sixty days in jail (or a 14-day inpatient treatment program under a Cahill disposition), a two-year license suspension, and mandatory installation of an ignition interlock device. A third offense is a felony carrying a mandatory minimum 150 days in jail and an eight-year license loss.
But these enhanced penalties depend entirely on the existence of valid prior convictions. If a prior OUI conviction is vacated under Hallinan and subsequently dismissed, that prior no longer counts. A defendant facing a second offense OUI may suddenly be facing only a first offense. A defendant charged with a third offense may be reduced to a second. The difference is often the difference between incarceration and probation, between years without a license and months.
In my client’s case, the stakes could not have been higher. Facing a mandatory minimum of six months in jail and a thirteen-year loss of license, my client walked out of the courthouse on April 15, 2026 with the case dismissed and no penalties imposed.
Does This Apply to Your Case?
If you meet the following criteria, you may be eligible for relief under Hallinan:
You pleaded guilty to or were convicted of OUI in Massachusetts. The evidence against you included a breath test result from an Alcotest 9510 breathalyzer. The device used in your case was last calibrated and certified prior to April 18, 2019.
If you are uncertain whether your case qualifies, the answer is straightforward: call a Massachusetts OUI defense attorney who understands the Hallinan decision and can review your case. The potential benefit — vacating a prior conviction, reducing the severity of a pending charge, or eliminating a criminal record entirely — is too significant to leave unexamined.
About Attorney Michael Patrick Murray
Attorney Michael Patrick Murray is a Massachusetts criminal defense attorney who has tried OUI cases across the Commonwealth. His practice focuses on drunk driving defense, drug crimes, and serious felony matters. He is admitted to practice before all Massachusetts courts and the federal courts.
If you or someone you know may be eligible for relief under Commonwealth v. Hallinan, contact the Law Office of Michael Patrick Murray, P.C. at (508) 393-4162 for a consultation.
The Law Office of Michael Patrick Murray, P.C. is located in Northborough, Massachusetts and represents clients in OUI and criminal defense matters throughout Worcester County, Middlesex County, Norfolk County, Essex County, and across the Commonwealth.