Commonwealth v. Barbeau

Each of the six defendants was separately arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor, a violation of G. L. c. 90, § 24 (1990 ed.), following breathalyzer tests which showed their blood alcohol level to be above legal limits. Each defendant filed a motion in limine, seeking to exclude the breathalyzer results unless the Commonwealth could show compliance with 501 Code Mass. Regs. §§ 2.00-2.57 (1987), which require that each breathalyzer machine be both annually certified and periodically tested.

After an evidentiary hearing the District…