Understanding Breath Tests
One of the most critical parts of a drunk driving arrest is determining the validity of the evidence gathered. One of the most common types of evidence used in these cases is the breath test. Though popular belief is that these tests are conclusive and that failing one means you are guilty, that is not always the case.
My name is Stephen E. Dawley, and as a Framingham OUI/DUI breath test attorney I know how to fight this kind of evidence. For more than 30 years I have provided thorough, effective DUI defense for people in Massachusetts.
If you are facing drunk driving charges, you do not simply have to plead guilty. Schedule an appointment with me by calling my office at 508-283-3095 or e-mail my Framingham law firm today.
Breath Test Challenges
To determine your blood alcohol content, an officer may administer a Breathalyzer test. If you fail the test, your license will be automatically suspended for 30 days. As an experienced lawyer, I know how to challenge the validity of these tests based on:
- Human error: There are complex procedures that officers must follow when administering breath tests. If an officer was not properly trained in these procedures, or the officer failed to follow them despite proper training, the Breathalyzer results can be declared invalid and cannot be used against you. Similarly, if the officer fails to record the results correctly, the evidence may be suppressed.
- Machine error: The Breathalyzer machine may have been calibrated incorrectly. The reading may have been inaccurate for any number of reasons. I will investigate the circumstances surrounding your test to find any possible errors.
- Pre-existing conditions: Certain medical conditions, such as acid reflux, can cause a breath test reading to be much higher than it actually should be.
If you refuse a Breathalyzer test, evidence of your refusal cannot be used against you at trial, but your driver's license will be suspended for 180 days.
I have an outstanding record of success in criminal defense, including many OUI cases involving breath tests, blood tests and field sobriety tests. I will work hard to build a strong defense in your case.
Contact an Experienced Natick Breathalyzer Defense Attorney
If you have questions or concerns about a breath test, I am available to answer them. To schedule a consultation, please call 508-283-3095 or send me an e-mail today.
