The role of a breathalyzer test is the most highly contested and confused issue in an OUI case. Clients often believe that the machines are always right and that a poor reading means a guaranteed conviction. This is simply not the case.

UPDATE:  In 2003 and 2005, Massachusetts overhauled its operating under the influence laws. Under the new law, first time offenders who take the breathalyzer test and score a .08 or higher may be in a better position than those who refuse to perform the breathalyzer test. Individuals who perform the test and score a .08 will typically receive a license suspension for 30 days. An experienced criminal attorney can help minimize the amount of time you cannot drive.

Individuals who refuse the breathalyzer test are subject to an automatic loss of license for 180 days for the first refusal offense, a minimum 3 year loss for a refusal after a prior conviction for OUI, a 5 year loss for a refusal after two prior convictions for OUI, anda lifetime loss of license for an operator who refuses a breath test after three or more prior OUI convictions. When faced with a breathalyzer test, individuals must carefully weigh their options under the new law.

Police officers are supposed to receive extensive training on the breathalyzer machines and need to follow a very particular set of instructions in order for the results to be accurate. Often, a skilled defense attorney can expose flaws in an officer's training or mistakes made in the operation of the machine.

A poor breathalyzer result simply does not mean the end of your defense!

If your result is within a certain range, a number of factors, including the police officer's errors in operating the machine and other environmental considerations, may have lead to a false or inaccurate result.

Attorney Crouch represents clients in OUI and RMV proceedings in many courts around the state. It is crucially important for you to secure dedicated, skilled legal defense to protect your rights. Please contact Attorney Crouch at 617-742-4111 or email him at acrouch@andrewcrouch.com to set up a consultation.