Anthony M. Salerno

Attorney At Law

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Anthony M. Salerno

Attorney At Law

Should you challenge the results of a breath test?

An arrest for drunk driving is a serious problem, and, if convicted, you could be facing penalties that will have an impact on multiple areas of your life. Massachusetts has some of the most severe OUI penalties in the country, and it is important to protect your interests when charged with this crime, even if it is your first offense.

There are many ways to defend yourself against drunk driving charges, and one of the most effective ways to do this is by challenging the evidence against you. In some cases, there are issues with the administration or the results of a Breathalyzer test, which may mean that your arrest was unlawful.

Effectively challenging the prosecution’s case

An experienced OUI defense attorney can evaluate your case and identify the most appropriate strategy for you. If challenging the evidence that the prosecution is bringing against you is the appropriate choice for your case, you may bring up the following issues:

  • Breathalyzer results are not always reliable: Like with any electronic device, a myriad of external factors can affect Breathalyzer results. Even one small error can cause inaccurate results.
  • The Breathalyzer was not calibrated: Breathalyzers must be properly maintained, and regular calibration is required in order to get correct results. If the device used in your traffic stop was not calibrated properly, you may challenge the test results.
  • The police officer was not properly trained: The proper administration of a breath test requires training and an understating of the proper use of the device. An untrained user could impact test results.
  • There were no grounds for the original traffic stop: If there was no probable cause or reasonable suspicion for the traffic stop, law enforcement cannot use any evidence collected at the time against you.

If there are problems with the evidence in your case or there was a blatant violation of your rights, you have grounds to move to have the charges against you dismissed completely.

Your long-term interests are on the line

A conviction for drunk driving will be on your criminal record. It could eventually impact your career opportunities, applications for higher education and more. There is much at stake, and it is worthwhile to explore your defense options rather than simply pleading guilty or assuming that a conviction is your only choice. Confront OUI charges with a strong defense; your future is worth it.

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