Massachusetts OUI cases with breath test results are winnable cases.

If you blew over a .08, it is easy to assume the case is over.
That is one of the most common—and most damaging—assumptions people make after an OUI arrest.

In Massachusetts, a breath test is important evidence. But it is not the entire case. And it is not automatically enough to convict you.  The breath test is not automatically admissible in Court; breath test cases take longer but you are able to drive while the case is pending as the license suspension is only 30 days.  Attorney DelSignore cannot guarantee any result but he has been highly successful winning cases with breath test results.

The Breath Test Is Evidence—Not the Verdict

Jurors in Massachusetts are instructed to consider all of the evidence, not just a number from a machine.

That means the Commonwealth must still prove:

• That you were operating a motor vehicle
• That you were under the influence of alcohol
• That the evidence as a whole proves impairment beyond a reasonable doubt

A breath test can support that case. But it does not replace it.

That is a critical point, because most people walk into court believing the number alone decides the outcome. It does not.

Where Breath Test Cases Break Down

After more than 20 years handling OUI cases across Massachusetts, one thing is consistent: breath test cases are rarely as straightforward as they appear.

There are several areas where these cases are challenged:

1. The 15-Minute Observation Period

Before the test is administered, the officer must observe you for a continuous period of time.
If that process is not followed properly, the reliability of the result can be questioned.

2. Machine Reliability and Certification

Breath testing devices must be properly maintained, calibrated, and certified.
If there are issues with the machine or the way it was used, that can affect whether the result should be trusted—or even admitted.

3. Timing and Rising Blood Alcohol

A breath test measures alcohol at the time of the test—not necessarily at the time of driving.
In some cases, a person’s alcohol level may have been rising, meaning the number does not reflect their condition when they were operating.

4. The Rest of the Evidence

Even with a breath test, the Commonwealth still relies heavily on:

• Field sobriety tests
• The officer’s observations
• Driving behavior

Those areas are often subjective—and frequently where reasonable doubt is created.

What Causes People to Lose Strong Defenses

The biggest mistake is assuming there is no defense because of the number.

That assumption leads to rushed decisions—whether it is accepting a disposition too quickly or not fully exploring the weaknesses in the case.

Every OUI case needs to be evaluated as a whole:

• How did the stop happen?
• How was the investigation conducted?
• What does the video show?
• Were procedures followed?

Those details matter far more than most people realize.

The Right Approach After a Breath Test

If you took a breath test and the result was over the legal limit, the focus now shifts.

It becomes about:

• Understanding how strong—or weak—the Commonwealth’s case really is
• Identifying where the evidence can be challenged
• Making a strategic decision about how to move forward

There are many cases where people assume they have no options—when in reality, they do.

A Different Way to Look at Your Case

An OUI charge is not just about one piece of evidence. It is about how the entire case is built—and whether it holds up under scrutiny.

The goal is not to react to the number.
The goal is to understand the case.

That is where experience makes a difference.

If you are patient and allow Attorney DelSignore to fight the admissibility of the breath test, there is a good chance it will be excluded from evidence.  Feel free to to call or texts with any questions about how best to fight a case with failed breath test results.