The common representation of an arrest for drunk driving arrest in Boston is a person standing on the side of the road blowing into a handheld breath testing device. If you happen to find yourself in such a position, then you may be contemplating why it is that law enforcement officers use a measurement of your breath to determine what your blood alcohol content is. This is a question often posed to the team here working for Attorney John B. Seed by those facing DUI charges. The answer requires an understanding of how alcohol makes its way through your body.
Can my environment register false breathalyzer positives?
It is important for Massachusetts drivers to understand that breathalyzers are not infallible. If a police officer has pulled you over and the breathalyzer registers an alcohol level on your breath that you are sure is too high, you should consider that your surroundings might be throwing off the breathalyzer. This is because substances exist that may register a false positive on the breathalyzer, and these substances might have influenced the results of your test.
Not all breathalyzers are created equal
Any Massachusetts driver with a blood alcohol content of at least 0.08 percent is over the legal accepted limit and presumed guilty of operating under the influence. An officer who administers a breath test can establish probable cause for your arrest, but the results are not admissible in court. Attorney John B. Seed has experience representing clients who are facing OUI/DUI charges.
Are you facing a DUI charge for the first time?
As a resident in Massachusetts who is currently facing a charge of driving while under the influence (DUI), it's important to know where you stand. Attorney John B. Seed will help you understand what your options are as you prepare to fight to defend yourself in court.
Do Massachusetts police do blood or urine tests?
When you are pulled over on Massachusetts streets under suspicion of driving under the influence, you may have the right to refuse a breathalyzer. But do Massachusetts police use chemical testing such as blood or urine testing to determine blood alcohol level? If so, do you have the same right to refuse chemical testing as you have to refuse a breathalyzer?
What is "Melanie's Law?"
If you have landed a DUI judgment in Massachusetts, you may find your penalty handed down under a statute called "Melanie's Law." But what does Melanie's Law entail, and how does this affect you?
Are DWIs felonies or misdemeanors in Massachusetts?
The first thing you think of on getting a DWI charge in Massachusetts is how it will look on your record, and whether or not it will impact your future when it comes to ability to drive, employability, and legal rights. The last thing you want is a felony that could impact your record for the rest of your life over a single bad decision. So if you are convicted of driving while intoxicated (DWI), what type of charge can you expect to face?
What is an aggravated DWI charge?
Drivers in Massachusetts who are arrested for driving under the influence of alcohol will typically face charges of DWI. However, in certain circumstances this charge may be an aggravated DWI which typically results in higher penalties.
Reasonable doubt and Massachusetts blood alcohol tests
Although taking a chemical test to determine blood alcohol content may seem like a bad idea for someone in Massachusetts who has had a few drinks, refusing could lead to more trouble. Regardless of BAC levels, though, drivers have rights. According to the instructions the Commonwealth of Massachusetts provides to jurors, one of those is the need for proof beyond a reasonable doubt that a person was operating the vehicle with a BAC of 0.08 percent or higher.
What is the legal limit for those under 21?
When it comes to DUI, those charged should be aware of their rights. For example, some people in Boston, and all across Massachusetts, do not realize that they do not have to submit to blood alcohol tests if they are pulled over in this state. However, there are other issues that may arise, given a driver's unique circumstances. For example, an underage drinker may not realize that the legal limit for minors is not the same as it is for adults.
