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The legal limit in Massachusetts, which is also known as the DUI “Per Se” Limit is .08. This means that if your blood alcohol level is at or above .08 in Massachusetts, you are presumed to be operating under the influence of alcohol. Under Melanie’s Law, DUI can now be proven by establishing that someone drove a car on a public road or where the public has access with a blood alcohol content at or above the DUI legal limit of .08. Under this theory of DUI, it is not necessary to prove that the driver was under the influence of alcohol. To obtain a drunk driving conviction in Massachusetts, the prosecution must prove either that the driver was under the influence of drugs or that the driver’s BAC was at or above the legal limit of .08. Therefore, breathalyzer evidence can be a very important part of a Massachusetts DUI case.
The breathalyzer is a machine that determines a person’s blood alcohol content by measuring the alcohol the person’s breath and applying a mathematical formula. Like any machine, it is not perfect and it is susceptible to error and malfunction. Although breathalyzer results can be damaging, they do not automatically make a drunk driving case unwinnable. There are many ways to successfully challenge and attack breath test results. There is a complex set of regulations and procedures which govern the administration of a chemical breath test. If these specific procedures and rules are not followed, the breathalyzer evidence will be declared invalid and it cannot be used against you. Also, there are numerous scientific reasons why a breathalyzer might be inaccurate. A skilled DUI Lawyer can explain these reasons so that even when breathalyzer results are admissible, they are not taken at face value.
If you refuse the breathalyzer, your license will be immediately suspended for at least 180 days and as long as your lifetime. The length of the suspension depends on whether you are under 21 years of age at the time of the refusal and how many previous DUI convictions you have on your record. However, if you are found not guilty of your current DWI, you are entitled to a hearing at the District Court where your DUI case was heard and there is a presumption that you should have your license returned. Also, you have the legal right to challenge the breathalyzer refusal suspension within 15 days of the suspension. Please contact a Massachusetts DUI Lawyer to discuss your breathalyzer refusal appeal. Remember, you only have 15 days from the suspension date.
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