Massachusetts law enforcement recently arrested a driver for suspected intoxicated driving after a traffic stop for speeding. Police clocked the driver going 70 mph in a 35-mph zone. While talking with the driver, law enforcement allegedly noticed signs of possible intoxication, such as slurring his speech and the smell of alcohol coming from inside the vehicle. He was taken into custody and later underwent a blood alcohol test.
He was taken to a hospital by police for BAC testing. The results of this test seemingly indicated his BAC was around five times the legal limit, a fact the defendant adamantly contests. He maintains that if his BAC was really 0.41%, he would be dead. While alcohol affects different people in different ways, it is likely that if his BAC was truly this high he would indeed be having apparent adverse physical effects.
Blood alcohol testing is not error proof. Mistakes made in the testing process could affect results, and in some cases, this can directly affect a criminal case. Any Massachusetts defendant has the right to challenge BAC results or any aspect of the prosecution’s case against him or her.
This accused individual will want to take steps immediately to begin preparing an effective defense strategy. Since he has a previous drunk driving conviction on his record, the penalties could be more severe should a conviction result, and it’s certainly in his interests to pursue the most beneficial outcome for his individual situation. Challenging BAC test results is only one option a defendant has when fighting back against a drunk driving charge.