Massachusetts State Sen. Anthony Galluccio will spend 1 year in prison after a positive reading o a breath test showed he drank alcohol in violation of his probation.

Galluccio has been the center of controversy due to multiple DUI arrests in the past. Most recently, he was caught leaving the scene of an Oct. 4 accident that injured a father and his teenage son. When Galluccio admitted the accident, it was too far past the time of its occurrence to determine if he was over the limit at the time of the fender bender.

At that time, a judge ordered Galluccio to surrender his driver's license for 5 years as well as submit random breath tests to fulfill a probationary period. He was sentenced to home confinement and had breath test equipment installed at his resident. If Galluccio violated his probation, he would be sent to jail. On Dec. 21, just three days after receiving this sentence, Galluccio tested positive on a breath alcohol test.

The Senator claimed toothpaste could have caused the false positive. He testified in court he was not drunk at the time of the test. A judge pointed to the fact multiple tests showed a significantly elevated BAC, enough to convince him the Senator was drinking alcohol. 

The man who was installing the device instructed Galluccio to use it for the first time on Dec. 21. Twice the machine sounded a positive alarm; the second positive came after the machine was re-set. At that point, Galluccio brought the tube of toothpaste he claimed he had just used. The man installing the device did testify he saw no signs of impairment from the Senator.

The determination to sentence Galluccio to 1 year came yesterday, January 4, and was made in response to what a judge called concerns over public safety. In response to this most recent issue, other lawmakers have called for Galluccio's resignation.