I was arrested for OUI and my Breath Test is over the legal limit. What can I do?

by | May 10, 2014 | OUI |

In Massachusetts there are two types of breath tests that could be administered by a police officer if you are suspected of operating under the influence of intoxicating liquor.

The first is a portable breath test (PBT).  A PBT is a hand-held device that police officers may carry with them while on patrol.  At this time, PBT results are not admissible at a trial.  However, PBT tests can be considered by police when assessing whether there is probable cause to arrest you for OUI.

A second type of breath test will be offered at the police station.  A breath test from a machine at the police station potentially qualifies as admissible evidence at trial.  A breath test is only admissible if the administration of the test complies with a litany of regulations.  An experienced Massachusetts OUI Attorney will analyze the circumstances surrounding the administration of the breath test.

What is the breath test does not comply with the law?  A skilled Massachusetts OUI Defense Attorney will file a motion in limine at trial.  A motion in limine is a request, by one of the attorneys, to the Judge, asking him or her to make an evidentiary ruling on the admissibility of a piece of evidence before trial begins.  A well-researched, detail-oriented, persuasive motion in limine may lead to exclusion of the breath test results.

Why is this important?  At trial, after the evidence is presented, the Judge will instruct the jury on the law before the jurors begin their deliberations.  The Massachusetts jury instruction on OUI where there is evidence of a breath test is very tough for a defendant.  A top Boston OUI Defense Lawyer will make every effort to ensure the breath test results comply with the law before the results are admitted in evidence.

MASSACHUSETTS OUI DEFENSE LAWYER

If you have been charged in Massachusetts with Operating under the Influence of Intoxicating Liquor, treat your case seriously.  CLICK HERE to read about Massachusetts OUI cases where Attorney Jeff Miller has successfully represented clients charged with OUI.  Contact Boston OUI Attorney Jeff Miller at 617-482-5799 to schedule an appointment.