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What are the Defenses to an OUI Charge in Massachusetts When the Breath Test Result is .08?

Attorney DelSignore discusses the defenses available to your case if you blew a .08 breath test result

A common concern regarding OUI charges in Massachusetts involves the breath test and whether or not a result of .08 can be defended in court. It might be pleasantly surprising to to learn that when your breath test results are .08 or .09, there are in fact many ways to defend the case.

breath test

Attorney DelSignore discusses the defenses to your case if your breath test result was OVER .08

If you have questions about this diagram or about an OUI charge in Massachusetts, you can call me directly at 781-686-5924.

It is normal to be concerned about the outcome of your case, especially when the breath test results are .08. But as you can see from the diagram above, you actually have many defenses and I would be happy to explain them to you further.

You can also download my free book to learn more about Massachusetts OUI law.


The client was charged with a First Of- fense OUI and submitted to a breath test with a .09 RESULT. Prior to trial, At- torney DelSignore was able to have the results excluded from evidence after an evidentiary hearing. The case proceed- ed to trial with the officer testifying that the client was speeding, had slurred speech, bloodshot eyes and failed field sobriety tests. After trial in Wrentham District Court, the client was found NOT GUILTY of OUI.

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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 Ashwani
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! He 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 Michael for his 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 over and over again. Claire