The best Massachusetts DUI lawyers understand how to suppress and exclude breathalyzer evidence from drunk driving trials in Massachusetts. Exclusion of breath testing evidence is possible in Massachusetts, because a breathalyzer result is not considered to be valid and admissible in a drunk driving trial unless and until the prosecution has complied with a number of precise requirements and regulations governing the administration of the evidential breath tests.
For example the breathalyzer must have been operated by a by a certified breath-test operator, both the breathalyzer and simulator unit must have been certified by the State Office of Alcohol Testing, and the breathalyzer test itself must have been conducted in accordance with strict breath-testing procedures.
Also, to rule out any mouth alcohol or contamination from triggering inaccurate results, the police must observe the person taking the test for at least 15 minutes prior to the start of the breathalyzer test.
Finally, to constitute a valid breathalyzer reading, the prosecution must have two adequate breath samples with a BAC reading of within +/- .02.
The Massachusetts lawyers who specialize in DUI defense understand the requirements for breath test admissibility and they may be able to use this knowledge to get you a not guilty verdict in your drunk driving case. Contact a lawyer today for a free consultation and no-obligation review of your DUI case.
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