It is possible to win a Massachusetts DUI case, even where there are breathalyzer results. In some cases, these results can be effectively challenged and “suppressed,” meaning that they will be excluded from evidence.  Massachusetts has strict technical requirements which govern the admissibility of breath test evidence. If these standards are not met, the breathalyzer evidence can be excluded from the DUI case.

Massachusetts police departments use the Draeger Alcotest 7110 MK III-C breathalyzer for evidential breath testing. It is currently the only device approved by the Massachusetts Office of Alcohol Testing. This breathalyzer must be inspected, tested, and certified annually, to insure reliability. If the device is not properly inspected, tested, or certified, any breath tests conducted on the device are invalid and they can be excluded from evidence.

Additionally, the device must be operated by a certified infrared breath test operator. If the police officer who is conducting the test is not properly certified to operate the breathalyzer, the breath test evidence can also be suppressed.

To confirm accuracy, Massachusetts breathazlyers must perform a breath test, followed by a test of simulator solution, and another breath test. There must be “air blanks” in between each part of this test. The purpose of this procedure is to confirm accuracy by testing the breathalyzer simulator solution in between the two breath samples, which must be between .02 BAC of each other. The simulator solution must be read as .14, .15, or .16. Any other reading will invalidate the test. Also, only the lower of the two breath sample readings can be considered.

The police are required to keep detailed maintenance records regarding each breathalyzer used in Massachusetts DUI cases. The log should reflect that the device is calibrated each time the simulator solution is replaced.

The items listed above are just a few examples of the legal requirements for an admissible breathazlyer test in Massachusetts. While breathalyzer evidence is admissible in most DUI cases, there may be situations where it is possible to exclude breath alcohol evidence for failure to comply with established breath testing laws, procedures, and regulations. A Massachusetts DUI Lawyer can evaluate this aspect of your DUI case.

Police officers are trained to detect drivers who are under the influence of alcohol by administering psychophysical divided attention tests known as field sobriety evaluations. To be considered valid, the officer conducting these standardized evaluations, the officer must be trained, tested, and certified to do so. Also, the field sobriety tests must be performed in a certain way. Finally, there are only certain ways that a driver can “fail” these tests. A knowledgeable DUI lawyer will know how to analyze a driver’s performance of field sobriety tests and determine whether the driver actually “failed” the test.

For example, the “walk and turn” DUI Field Sobriety Test, which is also known as the “9 step heel to toe” test requires a driver to stand in a certain position and receive instructions from the police officer giving the test. The driver is then supposed to walk in a straight line, touching heel to toe. The test is a “divided attention” test, meaning that the test is designed to divide the driver’s attention between balancing, remembering, listening, and counting.

There are only 8 ways to “fail” the Walk and Turn DUI Field Sobriety Test and the driver must fail 2 of the 8 parts of the test for the police officer to legally consider the driver to have failed.  The 8 "cues" are: can't balance during instructions, starts too soon, stops while walking, doesn't touch heel to toe, steps off line, uses arms for balance, loses balance on turn or turns incorrectly, and takes the wrong number of steps.          

By analyzing the police report, a skilled OUI lawyer will be able to determine if the driver had actually failed the test. This information can be used to effectively cross examine the police officer at the OUI trial. This is merely one small example which shows that hiring the right DUI lawyer can make the difference between being convicted and getting a dismissal or not guilty verdict.