OUI/DUI Breath Test Advice

What Breath Tests Mean


As an experienced Framingham OUI/DUI lawyer one of my first and most important jobs is evaluating the evidence. In a drunk driving case this usually includes a breathalyzer test result.

My name is Stephen E. Dawley, and as a Framingham OUI/DUI breath test attorney, I know how to analyze and contest the prosecution’s evidence. I have provided skillful, effective DUI defense to people in Massachusetts for over 30 years.

If you are facing drunk driving charges, it is a serious mistake to plead guilty without seeking competent advice. You can schedule an appointment with me by calling my office at 508-283-3095 or e-mail me today.

Ways To Challenge Breath Test Results

Once arrested you will be asked by the police to submit to a breathalyzer test. If you fail the test (.08 or above for an adult), your license will be immediately suspended for 30 days. I am an experienced OUI lawyer and I look at several factors in seeking ways to challenge the breathalyzer result:

  • Human Mistake: Officers must follow established protocols when giving a breath test. If the officer is not properly trained and certified or failed to follow protocols the breathalyzer results can be challenged and possibly excluded.
  • Machine Error: Possibly, the Breathalyzer machine has been maintained or calibrated incorrectly. I will look closely at the facts and circumstances surrounding the breathalyzer test and determine how to challenge the results.
  • Medical Issues: Medical issues such as acid reflux or food or drink ingested too close to the test may invalidate its results.

In the event you refuse a breathalyzer test, testimony of your refusal cannot be used against you at trial, but your driver’s license will be immediately suspended for 180 days.

I have had great success in OUI/DUI cases and will take all necessary steps to prepare the strongest defense for you.