The admissibility of the breathalyzer test in the state of Massachusetts changes regularly. For those not familiar with the breath test, this is a test given to those suspected of driving while under the influence of alcohol. The test is given at the police station once you have been arrested for OUI.
As the time of this writing, breathalyzer tests are routinely being admitted in evidence in criminal OUI trials. The admissibility of the test depends, however, on whether certain mandated procedures have been followed.
If you have taken a breath test while under the suspicion on OUI, it is important to have a highly skilled and experienced defense attorney who is able to review the evidence with you. In some cases, an experienced OUI attorney can file motions to seek exclusions of such results. This would eliminate damaging evidence that could be used against you in an OUI trial.
If you have any questions about the breathalyzer test, OUI drugs, or OUI alcohol reach out to Worcester criminal defense attorney Shane W. Surrette.