DUI Breath Test Defense: 15-Minute Observation
One of the most commonly utilized tests in determining whether a driver’s driving is impaired as a result of alcohol is the Breathalyzer test. Despite the reputation of the breath test as the most accurate way to determine the blood alcohol level of a driver, it is really subject to a host of accuracy problems that your Massachusetts DUI lawyer can address in defending your DUI case.
15-Minute Observation Defense
One strong defense that lawyers use in refuting the results of a Breathalyzer test is that the arresting officer failed to comply with the requirement to continuously observe you for 15 minutes to make sure you did not belch or regurgitate. Even the slightest belch can bring alcohol to your mouth and give a false and inaccurate reading on the breath test
In order for your Massachusetts DUI lawyer to use the 15-Minute observation defense, he will need to prove that the arresting officer was engaged in other tasks, such as doing paper work or conversing with a fellow officer, instead of continuously watching you for the 15 minutes. If your lawyer can prove this at trial, he can easily expose the arresting officer’s error in administering the test and undermine the accuracy of the results.
Your Massachusetts DUI lawyer may even bring in an expert to explain to the jury how important it is for an arresting officer to continuously observe an individual pulled over on the suspicion of a DUI.
Despite the legal requirement of a continuous 15-minute observation period, arresting officers routinely fail to abide by it. When an officer fails to follow this rule in administering the breath test, the prosecution will have a very hard time proving its case.
We Can Help
If you have been arrested for a DUI based on a Breathalyzer test, you need to hire a Massachusetts DUI lawyer as soon as possible to argue the accuracy of the results of this test.
For more information or to schedule a free initial appointment with an experienced Massachusetts DUI lawyer, you should call The Law Offices of Edward Sharkansky at 877-2WINDUI.Find me on Google + !