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If you took a breath test a blew over a .08, it is wrong to assume that your case cannot be won and you will have to admit to the OUI charge. I have won numerous cases for clients that took a breath test and blew over .08. Breathalyzer test results in a OUI charge will not automatically come into evidence. As Massachusetts OUI Lawyer, I can attach breath test results, by:
Excluding the breath test from evidence is the most common method of defending a Massachusetts OUI charge with a breath test result above a .08. The Commonwealth must establish that the officer complied with Massachusetts OUI law in administering a breath test. Here are some common grounds of defenses.
If you took a breath test and failed, make sure you speak to a Massachusetts OUI Lawyer before attempting to resolve the case. Often, the breath test evidence can be successfully challenged.
Key points to Remember if the breath test was over .08:
Understanding Massachusetts Drunk Driving Laws - by Michael Delsignore.