Massachusetts Breathalyzer testing is governed by regulations promulgated by the Mass. Office of Alcohol Testing of the Massachusetts State Police Crime Lab. These detailed breath test regulations govern every aspect of Massachusetts alcohol breath analysis including certification and testing of breath test operators, simulator solution, and breathalyzers. The regulations also cover what training is required for police officers who administer breath tests. In short, the Massachusetts breathalyzer regulations cover nearly every aspect of breathalyzer certification, testing, maintenance, repair, and operation. Failure to comply with these detailed and comprehensive standards will result in the exclusion of breathalyzer evidence.
The breathalyzer is a scientific device which is not infallible. There are documented cases where breathalyzers have failed, malfunctioned, and otherwise produced inaccurate breath test results. Many of the false alcohol readings occur because the breathalyzer does not measure alcohol directly. Instead, the device is supposed to measure alcohol contained in deep lung air and multiply that by 2100. This is supposed to produce an accurate blood alcohol reading. However, many factors can cause an inaccurate reading.
Certain medical conditions such as diabetes, acid reflux (GIRD), and ketoacidosis can cause false breathalyzer readings. Also, burping, belching, and hiccoughing within 15 minutes prior to a breathalyzer test can result in artificially high alcohol readings. Likewise, alcohol trapped in the mouth can cause artificial readings which are sometimes extremely high.
Breathalyzer readings can also be affected by radio frequency interference or RFI. This is caused by radio emissions from cell phones, police radios, and other electronic devices interfering with the electronics of the breathalyzer.
In every DUI case involving breathalyzer evidence, it is essential to investigate the facts and circumstances of the breath test to see if the test was valid. Failure to comply with the Massachusetts breath test regulations is grounds for exclusion of breathalyzer readings. It is also important to see if any of the known causes of false or inaccurate alcohol readings may have influenced the readings. Breathalyzer malfunction and inaccuracy is not only a problem in OUI arrest cases. Blood Alcohol Ignition Interlock Devices are also plagued with accuracy and reliability problems.
In cases where the Massachusetts DUI defendant refused the breathalyzer, the facts and circumstances of the refusal should be thoroughly investigated to see if the breath test refusal was valid under Massachusetts law. To trigger a license suspension, the police must properly document the refusal and the defendant must have been given certain information regarding the breathalyzer refusal penalties.
To summarize, whether you refused the test or not, the case should be investigated by a qualified and experienced Massachusetts DUI Attorney. It may be possible to vacate a breathalyzer refusal suspension or prevent the breathalyzer evidence from being used against you
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