Understanding Breathalyzer Test in Massachusetts: What You Need to Know

If you’re stopped for suspected drunk driving in Massachusetts, deciding whether to take a breathalyzer test is crucial. Breathalyzer results can heavily influence a DUI case, often serving as key evidence in court to suggest impairment. However, Massachusetts DUI laws and strict breathalyzer requirements give skilled attorneys opportunities to challenge the accuracy and admissibility of these results.

Key Points About Breathalyzer Test in Massachusetts

Massachusetts has strict guidelines for administering breathalyzer tests to protect drivers’ rights and ensure fair treatment under the law. Here’s what you need to know about breathalyzer tests if you’ve been stopped and tested for Operating Under the Influence (OUI):

Consequences of Refusing a Breathalyzer Test

If this is your first offense, and you’re 21 or older, refusing to take the breathalyzer test results in a 180-day license suspension. However, if your case is later dismissed or you are found not guilty, you may be eligible to apply for early reinstatement at the Massachusetts Registry of Motor Vehicles. For those under 21, the penalties are even stricter; a reading of .02 or higher can result in a 30-day license suspension, underscoring the state’s zero-tolerance approach to underage drinking and driving.

Failing the Breathalyzer Test

A breathalyzer result of .08 or higher creates a presumption of impairment under Massachusetts law, automatically leading to a 30-day license suspension. For drivers under 21, this threshold is even lower—a result of .02 or higher may lead to a suspension. While these results can be used as evidence, certain circumstances and legal precedents provide ways to challenge their validity.

Breathalyzer Test Requirements

To maintain accuracy and fairness, the law mandates that individuals be observed by the breath test operator for a minimum of 15 minutes before the test. During this observation period, individuals must refrain from eating, drinking, or engaging in activities such as burping or hiccupping, which could affect the results. This rule, set forth under 501 CMR Section 2.55, aims to reduce the possibility of contaminated results.

Limitations on Test Refusal Evidence

Massachusetts law protects your rights if you refuse a breathalyzer test. The district attorney cannot comment on your refusal in court, nor can this refusal be used as evidence against you at trial. This protection helps prevent biased interpretations of refusal and allows defendants the right to avoid potentially unreliable testing.

Can Breathalyzer Results Be Excluded From Evidence?

Breathalyzer results don’t automatically hold up in court. The prosecution must prove the test followed legal standards and that the machine was functioning properly during testing. Courts demand regular maintenance and calibration of breathalyzer machines every six months, including tests with a .15 percent alcohol solution to ensure accuracy. If these standards aren’t met or doubts arise about the machine’s reliability, an experienced attorney can challenge the results and work to have them excluded from evidence.

Attorney Adela Aprodu, an experienced Massachusetts OUI lawyer, regularly examines these details in DUI cases. She will aggressively challenge any shortcomings in testing procedures, the machine’s calibration, or operator errors that might compromise the accuracy of breathalyzer results. With Adela’s in-depth knowledge of Massachusetts DUI laws, she ensures every factor is thoroughly reviewed to protect her clients’ rights.

Factors That Can Cause False Positive Results

Breathalyzer machines, though widely used, are not infallible. Certain environmental and physiological factors can cause false positives, leading to inflated or inaccurate results. Some common factors include:

• Mouth Contaminants: Vomit, blood, or even residual alcohol from mouthwash or toothpaste can affect breathalyzer readings. Remnant food particles between teeth can also interact with the test, creating misleading results.

• Interference from Radio Waves: Radio waves from nearby cellphones or police radios can interfere with the machine, leading to a false reading. Because law enforcement officers often use radios near these devices, this is a noteworthy risk.

• Cigarette Smoke: Cigarette smoke can elevate breathalyzer results, putting smokers at a disadvantage if they smoke shortly before taking the test.

These factors highlight the importance of reviewing every detail of the testing process in OUI cases. An experienced attorney like Adela Aprodu will investigate these potential causes of false positives, ensuring her clients’ defenses are as strong as possible.

I Took a Breathalyzer Test and Failed—What Are My Options?

Failing a breathalyzer test in Massachusetts doesn’t guarantee a conviction. The prosecution must prove the machine was correctly calibrated, properly maintained, and accurately used during testing. If they can’t provide this evidence, the test results become unreliable and may be thrown out.

Attorney Adela Aprodu has an impressive record of challenging breathalyzer evidence in Massachusetts courts. Her knowledge of the legal standards for DUI tests and her attention to procedural flaws allow her to provide clients with robust defenses. By scrutinizing calibration logs, machine maintenance records, and the test administration process, Adela aggressively defends her clients and pursues every possible angle to get unjust evidence thrown out.

Protect Your Rights with an Experienced OUI Attorney

If you’ve been charged with OUI based on breathalyzer results, you shouldn’t face these allegations alone. Instead, turn to Attorney Adela Aprodu, a seasoned Massachusetts OUI lawyer who is dedicated to defending her clients’ rights and achieving the best possible outcomes. Moreover, with her extensive experience in DUI cases and her unwavering commitment to protecting her clients, Adela will work tirelessly to challenge evidence, raise doubt about questionable test results, and, ultimately, protect your freedom.

Understanding your rights and the potential for errors in breathalyzer tests can make a significant difference in an OUI case. Reach out to Attorney Adela Aprodu for a consultation and let her fight for you every step of the way.