There are two ways that the government can prove you guilty of a DUI/OUI in Massachusetts:
1) Establishing that your ability to safely operate your car was impaired due to the drinks you consumed; and/or by
2) Showing that you had a Blood Alcohol Concentration (BAC) of .08 or greater while you were driving your car. If the government is pursuing the theory that you had a BAC that was above the legal limit, unless you were taken to the hospital and blood was drawn, the DA’s Office will rely upon the result of a Breathalyzer Test you took at the police station.
In order for the result of your Breathalyzer Test to be admissible in court, the police must have complied with certain procedures and protocols established by our laws. Non-compliance with these procedures and protocols can result the Breathalyzer Test being excluded from evidence. Anytime that we have a case that involves a Breathalyzer Test result of above .08, we make every effort to see that that test result is thrown out of court.
Even in cases where there is an admissible Breathalyzer Test, often times we are able to challenge the validity of the result. Our working knowledge of the Drager Alcotest 9510, the Breathalyzer Test machine used in Massachusetts, coupled with our understanding of how alcohol is metabolized by the human body, allows us to raise serious questions surrounding the accuracy of the Breath Test machine. For example, there are a number of medical conditions that a person may suffer from that can trigger an inaccurate Breathalyzer reading. These include:
2. GERD (gastroesophogeal reflux disease)
3. Certain Dental Conditions
Our firm practices 100% OUI Defense. We understand the significance of this charge and the impact it may have on your life.
Submit A Free Case Evaluation or call (508) 930-4273 to speak with Attorney Higgins.
269 Hanover Street, Building One
Hanover, MA 02339
800 Turnpike St, Suite 300
North Andover, MA 01845
One Boston Place, Suite 2600
Boston, MA 02108