Challenging the Results of Breath, Blood and Roadside Tests
One of the most critical parts of a drunk driving defense is determining the validity of the arrest and the evidence gathered. Typically this includes breathalyzer tests, blood tests and field sobriety tests. Under certain circumstances, the results of these tests may be dismissed or suppressed, or their harm diminished.
An experienced defense attorney can help you fight Operating Under the Influence (OUI or, as it is commonly known, "DUI") charges. My name is Stephen E. Dawley and I have provided DUI defense for people in Massachusetts for more than 30 years. If you have been pulled over for drunk driving, call my Framingham office at 508-283-3095 for an appointment.
Field Sobriety Tests
Common types of DUI field sobriety tests include:
- Touching a finger to your nose
- Alphabet test
- Standing on one foot and counting
- Heel-to-toe test (walking a straight line)
- Horizontal gaze nystagmus (HGN) test (following a light or pen with your eyes)
I will examine how the evidence was collected and determine if it is valid. Considerations include the conditions under which the field test was conducted such as: on a flat or sloped surface, in poor weather and whether the officer asked about any physical disability.
Alcohol Level Tests
To determine your blood alcohol content, an officer may administer either a breathalyzer test or request a blood test. Officers must be trained in properly administering breathalyzer tests. Refusing a breathalyzer test will result in a 180-day driver's license suspension. If you fail the test, your license will be automatically suspended for 30 days.
A blood alcohol test is another possibility. New rules about blood alcohol tests limit the admissibility of the test if there is no hospital person present to testify at trial. As your lawyer, I will investigate the circumstances of any tests you were given.
Are You Ready To Discuss Your DUI Case?
Please call 508-283-3095 or send me an e-mail today.
