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OUI: Difference Between Portable Breathalyzer & Infrared Breathalyzer

by | Feb 23, 2025 | Firm News

            If you are stopped under suspicion of operating under the influence of liquor in MA, you are likely to be offered field sobriety tests.  Additionally, in most instances, you will be asked on scene to blow into a portable breathalyzer device.

            It is important to know that the portable breathalyzer device that is often given at the time of the stop is different than the infrared test that is given at the police station or place of detention.  The portable test result is inadmissible in court, but it is utilized by police in their determination as to whether there is probable cause to make an arrest.

            The breath test that is given at the station is the evidentiary test that the Commonwealth will attempt to introduce at trial.  When you are faced with such a charge, it is important to have an experienced criminal defense attorney on your side.