If you are charged with a DUI in Massachusetts, and you elect to take a breathalyzer test, it is important to note that there is a procedure that the breath test operator must follow. For example, the breath test opertor shall:
- Observe the arrestee for no less than 15 minutes immediately prior to the administration of the breath test;
- Start a new observation period if the arrestee has introduced any item into his or her mouth; &
- End the test sequence if the breath test device reports the presence of mouth alcohol.
As a result, it is important that the Commowneatlh follow appropriate procedure for a breath test to be admitted into evidence at trial. If you find yourself facing a DUI charge, retain a DUI Attorney who can help you. Contact Attorney Shane W. Surrette at (774) 364-4605 or at shane@swslawoffice.com today.
