If you are arrested for DUI in MA, you will be offered the breathalyzer test back at the police station or other place of detention.  Recently, it has been reported publicly that there have been issues involving the calibration standards involved in breath testing.  Calibration standards are simply defined as samples of known alcohol concentration used to demonstrate that the breath test device is operating properly.  In essence, the argument goes that if the calibration of the testting device reads within a certain level, then the machine must be working properly.

Additionally in order to adequately administer a breath test in Massachusetts, the Commonwealth must show:

  • the arrestee’s consent has been given;
  • that the test has been administered by a certified breath test operator on a certified device;
  • that the testing sequence consists of one breath sample, one calibration standard analysis, and a second breath sample.  

As a result, if you are arrested for DUI in MA after providing a breath test to police, you will have defenses available to you.  Contact Shane Surrette at 774-364-4605, or at [email protected] today.

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