David B. Zirlen

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Breathalyzers and what they mean for your OUI

| Mar 23, 2020 | Uncategorized

When Massachusetts law enforcement pulls over a driver for suspected drunk driving, they may ask the driver to step out of the vehicle and submit to field sobriety tests. These test things like balance, coordination and cognition. If a driver fails, the police officer may ask the driver to submit to a chemical test.

A chemical test is something that can determine how much alcohol is in a driver’s system. If the driver is over the age of 21 and his or her blood alcohol content is .08% or higher, that is grounds for an arrest and OUI charge. In most cases, police use an apparatus called a Breathalyzer to conduct these tests by having a driver breathe into it. Like others facing OUI charges, you may have concerns about how accurate and reliable these devices are.

Questions about Breathalyzers

Breathalyzers are generally reliable when used correctly and properly maintained by law enforcement. But like any machine, it is possible for problems to happen, leading to incorrect results and possibly invalid arrests. Some of the following are common questions people have about Breathalyzer tests:

  • Can I beat it? If a driver has an elevated amount of alcohol in his or her system, it is not possible to beat a Breathalyzer test. However, you may be to challenge the results of your test in court if you think they’re inaccurate.
  • How can I challenge results? With the help of an experienced defense attorney, you may be able to successfully challenge an erroneous test result that led to your arrest.
  • What are common problems with Breathalyzers? Failing to properly calibrate the device, not maintaining it well or using it incorrectly can lead to an inaccurate result.

Problems with a Breathalyzer are more than just an inconvenience. This is your life and future on the line, and you have the right to fight back if you think there was a problem with your test.

Your defense starts now

Do not wait to get the defense help you deserve. If there are problems with your test or you want to know more about how to fight back against OUI charges, the wisest course of action is to speak with an experienced criminal defense attorney as soon as possible after an arrest. You can start immediately on the best and most effective strategy by which you can face these criminal charges.