${site.data.firmName}${SEMFirmNameAlt}
Free Dui Consultation. Call Right Now.
508-817-3194

Roadside breath test considerations

A Massachusetts law enforcement officer has several ways to determine whether he or she has probable cause to arrest someone for operating a vehicle while under the influence of alcohol. One of these is the breath test, and according to Business Insider, refusing to take this test may not be the best option, even if the driver has had a few drinks. In fact, taking the test may provide a better opportunity for a defense strategy in court.

The Massachusetts Prosecutors’ OUI Manual explains that an officer should perform other roadside sobriety tests before administering the breath test. First, there should be an indication that the driver may be impaired based on the way he or she is driving. Once the vehicle is pulled over, there should be indicators that the person could be under the influence. At that point, the officer may require the driver to undergo the standard roadside sobriety tests.

The device used by officers does not use infrared breath testing, which would provide results that may be admissible in court. Instead, the preliminary screening instrument uses fuel cell technology, and the results are not considered valid proof of the level of blood alcohol content. However, if the preliminary test indicates that BAC is 0.08 percent or higher, a driver may be arrested, and official breath and blood tests may be required.

Because the breath testing device is computerized, there is always the chance that there is a programming error that could cause a false reading. A recent court ruling recognized this fact, and defendants are now allowed to challenge results, including device reliability factors such as calibration errors and source code problems.

No Comments

Leave a comment
Comment Information

There is no time to waste. Let us begin building a strong defense for you now.

Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

New Bedford Office
156 Eighth Street
New Bedford, MA 02740

Phone: 508-817-3194
Fax: 978-560-0901
New Bedford Law Office Map

Beverly Office
100 Cummings Center
Suite 207P
Beverly, MA 01915

Phone: 508-817-3194
Fax: 978-560-0901
Map & Directions

Brighton Office
267 North Beacon Street
Suite 3
Brighton, MA 02135

Phone: 508-817-3194
Fax: 978-560-0901
Map & Directions

Worcester Office
285 Main Street
Suite 1
Worcester, MA 01608

Phone: 508-817-3194
Fax: 978-560-0901
Map & Directions