Facing an Operating Under the Influence (OUI) charge in Massachusetts can be daunting, especially when it involves a breath test result that indicates intoxication. However, challenging the accuracy and validity of a breath test is a potential defense strategy. Understanding how to question these results can be crucial for anyone dealing with such charges.
Question the calibration and maintenance of the breath test
One effective approach is to examine whether authorities have properly calibrated and maintained the breath test device. In Massachusetts, the law requires regular calibration checks and maintenance of these devices to ensure accurate readings. If the device that conducted the test was not calibrated according to the required standards or lacked proper maintenance, you can challenge the test’s accuracy.
Analyze the test administration process
The procedure during which the officer administered the breath test can also be a focal point of a challenge against an OUI. The test must follow a specific protocol to ensure reliable results. If the officer did not administer the test correctly—for example, if they did not observe you for the requisite period before administering the test or if they gave incorrect instructions—these factors can impact the test’s validity.
Consider physiological and medical factors
Various physiological or medical conditions can affect breath test results. Conditions like acid reflux, diabetes, or even certain diets can produce substances in the breath that breath tests might mistakenly register as alcohol. If you have a medical condition that could have skewed the results, this could form a basis to challenge the accuracy of the breath test.
Look into environmental and technical errors
Environmental factors and technical glitches can also render breath test results unreliable. For example, the presence of certain chemicals or fumes in the environment where the test took place could interfere with the results. Additionally, breath tests, like any technological device, can malfunction. If there is evidence of a malfunction or environmental interference during your test, this could discredit the results.
Review the timing of the test
The timing of the breath test in relation to when you last consumed alcohol can also be critical. Alcohol levels in the breath peak at different times depending on various factors, including the rate of alcohol consumption and individual metabolism. If the test was administered during a peak time, it might not accurately reflect your level of impairment.
Challenging a breath test in a Massachusetts OUI case involves scrutinizing the technical and procedural aspects of how the test was conducted. By understanding what to consider, you can mount a defense against the charges based on questioning the reliability of the breath test results.
