Breathalyzers In An OUI, What You Need To Know

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Breathalyzers In An OUI, What You Need To Know
December 23, 2019

Breathalyzers In An OUI, What You Need To Know

Posted in : First Page Attorney
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What You Need To Know About Breathalyzers And Your OUI Charges

First things first, the best way to get around a breathalyzer, is to not be in a position to have to take one. Hindsight is 20/20 and all things considered, facing an OUI charge is overwhelming. Not only can it wear you down mentally and emotionally, but it can also easily become quite frustrating as the process moves forward.

I Barely Had  A Drink

So you barely had an entire glass? Not a problem, the bar that you must meet in order to be over the legal limit may not take a full glass to reach.  The legal limit in Massachusetts is .08.  Depending on your height and weight, it doesn’t require a case of beer to reach the legal limit.

That being said, what happens during your stop is very important.

Field Sobriety Testing

Depending on what the observations of the officer are at the time of your stop, you may be asked to take part in a field sobriety test.  This will mean that you will have to step out of your car and partake in a field sobriety test. Once you have completed your field sobriety test, it is possible that you’ll be asked to take a breath test as well (aka breathalyzer).

Refusing a Field Breathalyzer Test

In the event that you are asked to take a breathalyzer test, you have the right to refuse such a test, however, that does not necessarily mean that you should.  If there is one thing you should keep in mind during this ordeal is, an experienced Massachusetts OUI Lawyer can and will fight your test results or likewise, your exercise of the right not to take the test at all.  Always remain cordial and cooperative with law enforcement, but understand that you have rights so, do not be aggressive or disrespectful, but do not be emotionally intimidated either.

Police Station Breathalyzer Testing

It is vital to know that there is a distinction between a field breathalyzer test and one initiated at the police station. Taking a test out in the field gives your defense the ability to question the validity of the results.  In contrast, taking a breathalyzer test at the police station may come with certain pressures and intimidation that can scare anyone into taking a test, especially if they are worn down and told that if they don’t take it, their license will be revoked for several months.  In addition, law enforcement may not easily disclose that failing a breathalyzer at the station is quite different in the sense that the license may be automatically suspended as a result of failing the test. It is not your job to make law enforcement’s job easier to convict you.

Fight To Keep Your License

Regardless of whether you decided not to take the breath test out on the field where the stop occurred and are facing a license suspension, or whether or not you took the test and failed, a seasoned OUI Attorney can and will fight in your defense to protect your license and driving privileges. It is critical to get immediate assistance following your arrest in order to get ahead of your OUI Charges.  Contact my office immediately and get the seasoned DUI defense help that you deserve.




Contact Our Northampton Criminal Defense Attorney at The Law Offices of Jesse Adams Today! (413) 931-3828
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