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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33904
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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How effective are ignition locks for drunk drivers in Mass

Customer Question

How effective are ignition locks for drunk drivers in Massachusetts?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 8 years ago.
It has been my experience that Smart Smart is very reliable if installed properly. However, it is mu understanding that the same things that can affect a Breathalyzer can affect the ignition interlock devices. One thing that has been found to have an effect is if a person is diabetic they can release ketones in their breath which can adversely affect the readings. Another can be if they are breathing solvent fumes during the day it can remain in the lungs for a while and cause false readings.

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Customer: replied 8 years ago.
That's not what I'm asking you. I'm asking if any cases in Massachusetts have been overturned because Smart Start wasn't reliable.
Expert:  Dwayne B. replied 8 years ago.
I ran a search on the Massachusetts cases and didn't find any where the case was reversed because Smart Smart was not considered reliable. I am not aware of anywhere in the U.S. that has found them to be unreliable and would be extremely surprised to find out that was the case.

A better argument if Smart Start doesn't have anyone to testify is that the State can't prove it is based on reliable technology. If you don't have a lawyer already consider hiring one who does a lot of DWI defense work because the technology and arguments are very similar to ones that you make in a criminal case.

Addition: There was a Texas case (I can't find the cite now) that held the state failed to prove the reliability of the SmartStart, but that is different from a finding that it is not reliable.