When you are charged with operating under the influence in Massachusetts, it may seem like you don't have a chance since you failed your breath test by going over the state limit of .08%. But this couldn't be further from the truth. Only an experienced OUI defense attorney will tell you that there are many breath test defenses that can be relevant to your OUI case.
The breath test is a machine and like any other machine, something can always go wrong. For example, did you know that the officer's radio frequency can cause inaccurate test results? Also, if you were given a breath test at a police station, other office equipment such as copiers and fax machines can influence the breath test machine's results since they all have power surge capabilities.
The breath test machine that you were tested on must have been properly maintained to ensure its proper use. Also, the officer who performed the breath test must have been trained on how to use this particular breath test machine and must follow proper protocol.
Since the breath test machines are designed to detect alcohol on your breath, it can also detect alcohol found in cough syrups, mints and toothache drops. This can cause your BAC to have registered higher.
There are also certain health conditions that cause inaccurate breath test readings. For example if you have gastric reflux and often burp, this can cause a higher reading. In fact, burping within 15 minutes of taking the breath test can cause your BAC to look much higher than it actually is. Also, if you have dental conditions such as gum disease, this can actually trap amounts of alcohol in your mouth for a longer period of time. And if you have asthma or are suffering from bronchitis, it can be difficult for you to complete the breath test.
The possible breath test defenses mentioned are just a sampling of what may be relevant to your case. An experienced OUI defense attorney will carefully go over the facts of your case and refute the state's evidence that you failed.