If you are arrested for operating under the influence of alcohol, you will be offered
a breathalyzer test back at the police station. In order for the breathalyzer test to be admissible in evidence, the police must meet certain minimum requirements, and any variance beyond these minimum requirements will typically go to the weight of the breathalyzer test
evidence and not its admissibility.
For instance, for a breath test to be admitted at trial in Massachusetts, the
police must show that the breath test operator was certified to administer
breathalyzer tests in the Commonwealth, and that the testing device was certified
at the time of the test. Similarly, the arrested person’s consent to the test shall be documented by the police.
Additionally, the device has to be shown to be working properly at the time of the test and the test must be valid. For the test to be valid, the results must be within
.02 of one another. For example, a testshowing results of .09 and .11 would be acceptable as they are within .02 of one another, yet results of .09 and .12 would be invalid.
As a result, if you or someone you care about is charged with operating under the
influence of intoxicating liquor, and you decide to take the breathalyzer test,
contact an OUI Lawyer who has experience challenging breath test evidence. Don’t hesitate, make the call today.