Fighting A DUI Charge with a Breath Test over .08
Criminal & DUI Defense Attorney
Phone: 781 686 5924
My name is Michael DelSignore and I am a Massachusetts OUI lawyer. In today’s video I am going to discuss how you can win your case even if you took a breath test and the results were over .08.
Prior to a breath test coming into evidence, the government must establish that certain procedural requirements were followed at the time of adminstration. In other words, the officer must comply with all rules and regulations established by the Office of Alcohol Testing.
These regulations are sometimes not followed. What happens is at court, either prior to your trial or on the date of your trial depending on how the Court handles these motions, you will have a hearing to determine whether the arresting officer followed any and all procedures properly.
The officer will be called to testify and will testify as to what steps and what procedures he or she followed in administering the tests.
In many cases, I can get a breath test knocked out of evidence.
One way to get the breath test results excluded is to exemplify that the officer did not comply with the observation period. Sometimes the periodic testing documents are not correct and show that the machine was not properly tested for accuracy and reliability.
Some cases you may have a medical condition that impacted the results of the test. In that case, we can get your medical records or potentially even consult with an expert to show that, in your particular case, the machine was not producing an accurate and reliable result.
The breath test machine assumes that everyone is in the same general health condition and in some cases you will have a medical condition that can undermine these assumptions, making the result inaccurate and unreliable in your case.
If you have questions about defending your case when the breath test is over .08, feel free to contact me. I handle cases with breath tests I have successfully had many cases knocked out of evidence at trial. I am happy to discuss your particular case with you.
To read more about some of the defenses that may be available to your case visit our website here: https://www.delsignoredefense.com/wha...
Feel free to browse DelSignore Law’s DUI case results here: https://www.delsignoredefense.com/dui...
You can check out our educational website and read about the different cases that we handle by visiting: https://www.delsignoredefense.com
You can schedule an appointment to meet with Attorney DelSignore at one of his office locations today:
530 Washington Street
Stoughton, MA 02072
7 North Main Street, Suite 219A
Attleboro, MA 02703
1900 West Park Drive, Suite 280
20 Eastbrook Rd #304
Dedham, MA 02026
225 Cedar Hill Street #200
Marlborough, MA 01752
448 County Street
New Bedford, MA 02740