Breathalyzer Defenses

Massachusetts Breathalyzer Defenses

If you took a breath test a blew over a .08, do not assume that your case cannot be won.

You will not have to admit to the OUI charge and your case can be won.

In fact, I have won numerous cases for clients that took the breath test and blew over .08.

How is this possible?

Breathalyzer test results in an OUI charge do not automatically come into evidence.

As Massachusetts OUI Lawyer, there are various legal methods I can us to attack breath test results:


Click here to Learn about Defenses when you took a Breath Test.
  • Filing a Motion to exclude the results from evidence, this is the most common method;
  • Using an expert to challenge the accuracy of the test results;
  • Discredit the accuracy of the machine by showing that the result could be under the legal limit, given the margin of error of the machine;
  • Presenting medical evidence to show that the results are not accurate in your case as a result of a medical condition you suffer from.

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.

Challenging a Breath Test in MA
Key points to Remember about a failed breathalyzer:
  • Speak to a lawyer about methods to exclude the breath test or challenge the accuracy of the results- you should not attempt to resolve the case before doing this;
  • Understand that there is no rush to resolve an OUI charge, in most cases involving a First Offense, if the motion to exclude the breath test is resolved, you will still be able to resolve the case prior to trial and likely receive the same plea offer.
  • Most importantly- breath test evidence can be successfully challenged.
Learn more about Breathalyzer Defenses
Massachusetts Criminal Defense Lawyer Blog - Breathalyzer Testing
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Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him
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A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
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Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
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Michael DelSignore did an amazing job with my case! Either him or his partner Julie was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
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I cannot express the gratitude towards both Michael and Julie for their amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael and Julie over and over again. Claire
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