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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.

Massachusetts DUI lawyer

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.

1

Have you been charged for operating under the influence?

2

Was your license suspended for a breath test refusal?

If you took the breath test what were the results:

3

Did you take a field sobriety test?

Choose all that apply:

  • Recite Alphabet
  • Count Backwards
  • 1 Leg Stand
  • Heel to Toe Walk
  • Horizontal Gaze
  • Finger to Nose
4

Do you have prior OUI offenses?

How many:

5

Were you in an accident?

6

Were you stopped (pulled over) by the police but not in an accident?

7

Was any alcohol found in your vehicle?

8

Did you tell the police that you consumed alcohol:

How many drinks:

9

Did you receive a citation at the time of your arrest?

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