Massachusetts OUI cases can be defended by using medical defenses. Medical defenses would include evidence of an injury to the knees, back, or legs that would impact a motorist’s performance on field sobriety tests. Medical evidence can be presented at trial through the testimony of a treating doctor, medical affidavits or records and the testimony of the motorist as to their medical condition. An injury could explain an officer’s observations of lack of balance or being unsteady while walking.

Additionally, in some cases a motorist cannot provide a valid sample into a breathalyzer machine as a result of a lung capacity below the average person. In many cases, the officer will deem that the person refused a breathalyzer test and deliberately tried to deceive the breathalyzer machine by providing an inadequate sample. Medical evidence could be offered to contradict the claim that the motorist refused the breathalyzer. This evidence can be presented at the Registry of Motor Vehicles to challenge a license suspension for refusing the breathalyzer.

Medical conditions can also impact the results of breathalyzer testing. Since the accuracy of the breathalyzer machine is dependent on the assumption that the motorist is the normal or average individual, medical conditions sometimes undermine the assumptions made by the breathalyzer machine.

Impact of being diabetic on blood alcohol testing:

Being a diabetic can influence the results of the breathalyzer. When a diabetic is in a state of ketoacidosis, the diabetics blood sugar raises as the body is unable to use carbohydrates as a source of fuel and burns stored fat as fuel and produces ketones. A breathalyzer machine may wrongful detect ketones as ethyl alcohol and provide a blood alcohol reading that is falsely elevated.

Mouth Alcohol contamination and acid Reflux and GERD

Acid Reflux can impact the breathalyzer test results as alcohol from the stomach is reintroduced into the throat and mouth. When a breathalyzer sample is taken, the breathalyzer machine assumes that the sample being measured is deep lung air. Acid Reflux, burping, belching, regurgitating or hiccups can cause alcohol in the stomach to rise up into the esophagus and lungs where it can cause a breathalyzer reading to give an artificially high result.

Compounds that can cause an artificially high breathalyzer reading.

Breathalyzer testing machines are nonspecific for alcohol. That is they do not test specifically for ethanol There are many industrial compounds that contain a molecular structure similar to ethyl alcohol that a breathalyzer machine mistakes as alcohol. One such substance is Toluene. Toluene can be found in industrial compounds like paint thinner, cleaning agents and industrial products. Studies have shown that these industrial compounds can be registered as alcohol by breathalyzer machines. Carpenters, plumbers, janitors and other manual labors may have been exposed to these compounds, causing an artificially high breathalyzer reading.