Can I win my Massachusetts OUI case if I failed the breathalyzer test?

Failing a breath test does not mean that your Massachusetts OUI case cannot be won at trial. There are a number of different ways to defend a case with a failed breath test result of over .08. You can review the case results on this webpage to see numerous clients who have avoided an OUI conviction despite registering over .08 on the breath test.

What are some defenses to a breath test case?

Compliance with the 15 minute Observation Period

  1. The Commonwealth will need to produce your breathalyzer test results as evidence at trial. This will require the government to prove compliance with a 15-minute observation period. These requirements are very particular, and often the government is unable to meet the burden of proving the test was conducted properly. When this happens, the breath test results are excluded from evidence and not known to the jury when deciding the case.

  1. The government will also need to produce documents demonstrating the annual certification and periodic testing of the machine is complete. This requirement is sometimes not met due to the following factors:

    1. A faulty machine

    2. Failure of the district attorney to request documents in a timely manner and;

    3. Failure of the government to call the correct witnesses to testify the machine was properly maintained.

Expert Testimony to challenge the accuracy of the Results:

  1. An expert witness can help defend your case by challenging the accuracy of the results, or by presenting testimony that establishes a problem with the machine, a medical defense, or any other number of reasons why a jury should disregard your test. Expert testimony may also assist with explaining the science behind breath test evidence, the assumptions made by the machine and the reasons why the results can be inaccurate.

Margin of Error Defenses

  1. When the breath test results are close to .08, an argument can be made that given the margin of error of the machine the results were not above the legal limit.

Motions to Suppress Evidence

  1. You may challenge the basis for your stop. If for any reason there was not a lawful basis to stop your motor vehicle, a breathalyzer test will be excluded along with any other evidence in the case.

Right to an Independent Medical Exam and Release on Bail

  1. If the officer did not inform you of your right to an independent medical exam, then the breathalyzer test results will be suppressed.

These are just some of the ways an OUI case can be won, even if you fail the breathalyzer test. The important thing to remember is that failing your breathalyzer does not mean you will automatically lose your case. You need to call an experienced attorney who has successfully defended breath test cases. You can reach Attorney Michael Delsignore at 781-686-5924 or 508-455-4755.

You may also visit the Client Testimonial Page to read about testimonials from clients who won their case despite a breath test over .08.

Client Reviews
★★★★★
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
★★★★★
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
★★★★★
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
★★★★★
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
★★★★★
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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