Being pulled over by police and asked to submit to a breathalyzer test can be a jarring experience, and one that is made even more serious if the results indicate that you are impaired beyond the legal limit–a blood alcohol content of .08 percent or more. If you blow a .08 percent or above, you may be worried that a conviction is a done deal. While it’s true that a bad breathalyzer result doesn’t look good for your OUI (operating under the influence) case, it is possible to have charges dropped or reduced, even with a failed breathalyzer test. Here’s what you need to know–

Was the Breathalyzer Test Defective in Some Way? 

The first thing to consider is the possibility that the results of the breathalyzer test aren’t admissible in court because the breathalyzer test was defective in some way. For example:

• Was the breathalyzer test improperly administered?
• Does the prosecution have evidence of annual breathalyzer testing certification to prove that it was working properly?
• Was the breathalyzer properly maintained?
• Were your breathalyzer test results within the margin of error? 
• Was the breathalyzer test lawfully administered? For example, if you were illegally stopped, then the police had no right to ask you to submit to a breathalyzer test in the first place.

In addition to the above, you may be able to provide other evidence that explains the breathalyzer result. For example, do you have a medical condition that could affect results? 

Is There Other Evidence of Impairment?

Note that when the prosecution brings a case against a defendant, they have the duty of proving the defendant’s guilt beyond a reasonable doubt. That means that more than one source of evidence will likely be needed in order to secure a conviction. As such, a conviction is less likely if there isn’t other incriminating evidence, even if you failed a breathalyzer test. For example, does the prosecution have proof that you:

• Drank before driving?
• Failed a field sobriety test?
• Were performing an illegal maneuver that suggested impaired driving?

If there is no other compelling evidence against you, it will be more difficult for the prosecution to win their case. 

Hire a Lawyer As Soon As Possible

One thing is for sure: if you fail a breathalyzer test and have OUI charges brought against you, you want to hire a skilled OUI defense attorney as soon as possible. The last thing that you want to do is attempt to defend yourself against charges, especially if you are facing a failed breathalyzer test result. 

At The Law Office of Paul R. Moraski, we know how serious OUI charges are. If you are convicted, you could face a license suspension, large fine, permanent mark on your record, and even jail time. For the aggressive legal representation and support you need, call our law firm directly today for a consultation with our experienced Massachusetts OUI attorney. You can reach us now online or by phone at (978) 397-0011.