When you are stopped for suspicion of drunk driving, you will be asked to submit to a series of tests. Field sobriety tests are conducted by the officer prior to placing you under arrest. Once you have been arrested, a breath test or a blood test will be taken to help determine your blood alcohol content. Field sobriety tests are optional and your refusal to participate in them cannot be held against you. Refusal to submit to a blood or breath test following an arrest can have immediate consequences. However, the evidence can always be challenged at a later date.
Bedford-Concord defense lawyer Peter G. DeGelleke understands how to challenge the evidence surrounding OUI/DUI/DWI charges. He will work hard to establish a strong defense designed to minimize the consequences of your charge. For a free initial consultation, complete an online contact form or call 781-275-0800.
Ensuring a Blood Test Was Conducted Properly
The best indicator of possible driving impairment is a reliable blood alcohol test. These very seldom occur unless you are injured and treated at a hospital. If there is a hospital test, there will need to be an investigation regarding the manner in which it was conducted. If procedural errors were made, it may be possible to get the test results thrown out.
Challenging the Results of a Breath Test
Breath alcohol analysis is an indirect method of determining blood alcohol concentration, but is popular because it costs less, is not invasive, and provides immediate results. Breath tests are not infallible. A number of issues can determine whether the result can be used in court; these include whether the machine was properly certified and maintained according to some fairly rigid rules, whether the officer was authorized to perform the test, and several others. Just because the test can be used, of course, does not mean that its reliability cannot be questioned in front of a jury.
A variety of issues can be argued — physiological factors, characteristics of the device and the science behind it, and the circumstances of the administration of the test. It is often advisable to employ an expert on breath to testify regarding these matters.
Contact a Defense Lawyer If You Have Been Charged With Drunk Driving
If you have been charged with drunk driving in Massachusetts, you should seek help from an attorney as soon as possible. Complete an online contact form or call 781-275-0800 to schedule a free initial consultation to discuss your situation.