Challenging DUI Breath Tests in Massachusetts
If you were pulled over on suspicion of drunk driving and arrested, a breath test is often administered to measure your blood alcohol content (BAC). A .08 or higher can result in OUI charges. It is important to know that if you were stopped on suspicion of drunk driving and blew a .08 or above in a breath test, the test has limitations and may not be accurate.
At DiBella Law Offices, P.C., our Massachusetts criminal defense attorney is knowledgeable about the various types of defenses available related to breath tests. We have offices in Boston, Methuen, and Burlington, and we handle cases in Massachusetts.
If you are looking for an efficient and hardworking lawyer to fight an OUI charge, contact us today to arrange a free initial consultation.
Under Massachusetts’ implied consent law, you are required to take a breath test if you were arrested by a police officer who had probable cause to believe that you were driving drunk. If you refuse the test, you cannot be forced to take it.
However, you will find yourself facing a number of consequences, including:
- Driver’s license suspension for a minimum of 180 days
- Vehicle impoundment
If you refused to take a Breathalyzer test, you can request an administrative driver’s license hearing. You must act swiftly because you only have 15 days to request the hearing. Our firm can represent you in the hearing and help you maintain your driving privileges. Drivers under the age of 21 who refuse to take a breath test will have their driver’s license suspended for three years.
Our Massachusetts criminal defense attorney successfully challenges Breathalyzer test results in DUI/OUI cases, and we are well-versed in the technical and physiological elements involved in obtaining the test results. It is possible to have breath test evidence thrown out and the charges dismissed. Our law firm is dedicated to analyzing all available evidence, finding errors and inaccuracies and securing the best possible result on your behalf.
A few examples include:
- The breath test machine must be properly calibrated.
- The breath test machine can measure things other than alcohol.
- The police officer must be trained in administering the test.
- Human error can result in an inaccurate test result.
Breath tests can be flawed in their administration and results. Talk to a lawyer who understands how the machines work and which defenses are most viable for your case.
To speak with our experienced staff and schedule a free initial consultation with a Massachusetts criminal defense lawyer, call us now at (978) 327-5140. We offer Spanish translation services; servicios de traducción disponibles.