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Not Guilty of DUI with High Breathalzyer Readings

Massachusetts Registry News

The best Massachusetts DUI Lawyers know that it is possible to get a not verdict in a drunk driving case, even with high breathalyzer readings. In some cases, it may be possible to prevent the jury for even hearing about the alcohol readings. In Massachusetts, in order for breath test results to be admissible in a DUI trial, the breath analysis must have been performed by a certified operator using a certified infrared breathalyzer and the test must be conducted in accordance with the procedures established by the Office of Alcohol Testing.

This means that for breathalyzer readings to be used against some accused of DUI in Massachusetts, the test must have been conducted on an approved and certified breath testing device, by a trained and certified police officer who followed specific procedures and rules. These rules are designed to insure that the breathalyzer and alcohol simulator solution, which is used to confirm the accuracy of the breath tests, are working properly and that they produce reliable and accurate alcohol readings.

Massachusetts DUI law establishes a mandatory program which requires annual and periodic testing of breathalyzer equipment and simulators used in drunk driving cases. There is a procedure which applies to the Alcotest 7110 MKIII-C breathalyzer and CU34 simulator solution unit. This procedure must be followed if breathalyzer results are going to be used in a DUI case, so as to ensure accuracy of the breathalyzer results. The procedures require that an analyst tests each Alcotest breathalyzer annually and the machines must be tested and proven every time they are used.

A good Massachusetts DUI attorney may be able to successfully challenge the breathalyzer results on the grounds that the required procedures were not followed. If the breathalyzer and simulator solution were not working properly at the time the breathalyzer test was performed, their results must be excluded from trial. In-depth knowledge of these procedures allows the best DUI lawyers to get not guilty verdicts, even in cases where there are high BAC readings.

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