Breathalyzer and blood test evidence is not always admissible in Massachusetts drunk driving prosecutions. Indeed, Massachusetts breathalyzer evidence can be successfully challenged and it is possible to get a not guilty verdict, even when the prosecution is armed with breath test results.
It is definitely a misconception that breathalyzer results automatically make a DUI case unwinnable and it is absolutely possible to get a not guilty, even with breath or blood alcohol evidence.
There are a variety of ways to challenge and suppress breathalyzer or blood evidence in Mass. drunk driving cases. However, not all lawyers have the knowledge or understanding of the scientific principles of alcohol absorption, elimination, and testing to effectively fight what can be damaging evidence.
For example, courts have held that breath test results are admissible in OUI prosecutions only when the tests have been conducted within a reasonable time of the defendant's operation of a motor vehicle. The Massachusetts Supreme Judicial Court has held that “up to three hours between testing and operation is a reasonable time,” but that the facts and circumstances of particular cases may establish that a lesser or greater time period ought to be applied, and that such determinations fall to the sound discretion of the trial judge.
If the prosecution in a drunk driving case has information from the manufacturer of the breathalyzer equipment or other sources that the device may somehow be defective or its accuracy impaired, the Commonwealth must be disclose this exculpatory information to the accused's DUI attorney upon request. The best Massachusetts DUI lawyers request this information during the discovery phase of the OUI case.
Melanie’s law contains harsh penalties for those who refuse to submit to a breath or blood test, after having been arrested for OUI. These penalties are designed to force people into taking breathalyzer tests, so that the prosecution can use this evidence against them at trial. Attorney Brian E. Simoneau is at the forefront of a statewide effort to combat these breathalyzer refusal suspensions and he has an outstanding record of achieving suspension reductions and full license reinstatements when it comes to breathalyzer refusal appeals. You may be suffering through a chemcial test refusal suspension which Attorney Simoneau can reverse, shorten, or eliminate. Call today for a free review of your breath test refusal case.