Breathalyzer Defenses

If you took a breath test a blew over a .08, do not assume that your case cannot be won.

In fact, I have won numerous cases for clients that took the breath test and blew over .08.

Breathalyzer test results in an OUI charge do not automatically come into evidence.

As Massachusetts OUI Lawyer, there are various legal methods I can us to attack breath test results:

• Filing a Motion to exclude the results from evidence, this is the most common method;
• Using an expert to challenge the accuracy of the test results;
• Discredit the accuracy of the machine by showing that the result could be under the legal limit, given the margin of error of the machine;
• Presenting medical evidence to show that the results are not accurate in your case as a result of a medical condition you suffer from.

Excluding the breath test from evidence is the most common method of defending a Massachusetts OUI charge with a breath test result above a .08. The Commonwealth must establish that the officer complied with Massachusetts OUI law in administering a breath test.

• Speak to a lawyer about methods to exclude the breath test or challenge the accuracy of the results- you should not attempt to resolve the case before doing this;
• Understand that there is no rush to resolve an OUI charge, in most cases involving a First Offense, if the motion to exclude the breath test is resolved, you will still be able to resolve the case prior to trial and likely receive the same plea offer.
• Most importantly- breath test evidence can be successfully challenged.

• Download a free copy of “Understanding Massachusetts Drunk Driving Laws”.
• Asthma sufferers: What are your defenses?
• Read about Failed Breath Test case Results