When it comes to blood alcohol content, it’s easy to assume that numbers don’t lie. However, it’s worth remembering that breathalyzer equipment was designed by humans and is therefore subject to human error. Recent research indicates that we shouldn’t be too quick to trust these machines.

Police officers in Massachusetts conduct breathalyzer tests using the Draeger Alcotest 9510. Critics of this piece of equipment have pointed to engineering flaws that can inflate its results in favor of the prosecution.

Failing to account for human variability

The temperature of any human’s breath changes throughout the day. Normal human breath temperature is considered to be 34 degrees centigrade. However, if your breath is even one degree warmer than that when you take a breathalyzer test, it could alter your results by up to 6% – which alone could be enough to make you appear over the legal limit.

Equipment degradation

One of the sensors the Alcotest 9510 uses to calculate blood alcohol content is a fuel cell – which detects the electrical current in the breath. However, the accuracy of this reading degrades markedly with repeated use. Therefore, the 200^th person tested on this device will have less accurate breathalyzer results than the first person tested on the same device.

If you’re accused of operating under the influence and you believe the accusation is false, it’s critical to hire an experienced OUI attorney who can effectively inject doubt into the reliability of the prosecution’s breathalyzer evidence in court.

Keeping someone off the road when they have recently demonstrated a proclivity for unsafe driving habits might be a good policy decision, but it could be a major hardship for that individual. Not having a driver’s license could make it prohibitively expensive to get to work. Those who depend on carpooling, neighbors or public transportation to get to work could end up chronically late or absent and at risk of losing their job. Their license loss could even affect their spouse or children.

If being unable to drive would likely cause hardship, you may be able to participate in the Ignition Interlock Device (IID) program to retain some of your driving privileges.

How does the IID program work?

Drivers facing a OUI will typically lose their license. Massachusetts helps drivers with a history of impaired driving offenses develop better driving skills by requiring that they install an IID in any vehicle they drive. Repeat OUI offenders and those with a first-time OUI involving a high blood alcohol concentration could lead to an IID requirement for a driver.

An IID is essentially a chemical breath test hardwired into the ignition that can prevent you from starting your vehicle. You will have to perform a test every time you drive, and you may occasionally have to perform a secondary test while operating the vehicle.

The device records your results, theoretically helping you establish a proven history of sober driving for many months. Eventually, you can transition back to your full driving privileges, which means you can then legally drive a vehicle without an IID installed.

An IID can be beneficial rather than a punishment

When you consider the alternative, needing to install an IID in your vehicle and perform a breath test before you drive isn’t as serious of an inconvenience. Of course, it would be better to avoid the loss of your license in the first place. That approach may require a defense against your pending OUI charges. Fighting back against an OUI charge can help protect your license and your freedom.

They may ask you questions while you are still in your vehicle and then ask you to exit it for a few field sobriety tests. You generally don’t have the right to decline such testing without risking an arrest. What tests will an officer perform to try to establish your level of chemical impairment? 

The walk-and-turn test 

An officer will likely ask you to walk by placing your heel in front of the toe of the other foot for a specific number of steps or a specific distance. You will then have to turn and walk back along the same straight line.   

If you stumble, take too many steps or can’t walk in a straight line, the officer will likely use that as grounds to request a breath test. 

The one-leg stand test 

Excessive alcohol can impair your sense of balance and your motor function. Having you stand on one leg with the other foot a little bit off the ground can be a challenge on its own. Officers typically combine the balance challenge with a requirement to count backward or even recite the alphabet backward in some cases. If you put your foot down, lose your balance or make a mistake while counting backward, that could easily lead to your arrest. 

The horizontal gaze nystagmus 

When you move your eyes from side to side, they make small involuntary moves or jerks, which professionals call the horizontal gaze nystagmus (HGN). That movement becomes more obvious when you have had alcohol.   

The HGN test looks for an exaggerated jerking reflex when you move your eyes from side to side. Unlike the other two tests, which people can sometimes practice for while drinking to improve their motor skills and balance while under the influence, there is no way for a driver to prepare for or practice the HGN test.  

Understanding field sobriety tests can help you understand why you failed them and make it easier for you to defend against a pending operating while under the influence (OUI) charge. 

But are breathalyzer machines as foolproof as we imagine? New research shows that certain breathalyzer machines are more prone to error than others. The device used by Massachusetts police between 2011 and 2019 – called the Draeger Alcotest 9510 – has a particularly high rate of false results.

What makes this breathalyzer unreliable?

There are two main failings of this breathalyzer machine:

• Variable human temperature: The breathalyzer’s testing is based off of the average human’s breath temperature – which is 34 degrees centigrade. However, humans are not homogenous, and neither is their breath temperature. If a suspect being tested has a breath temperature of just one degree above average, it can throw off the test results by up to 6%.
• Equipment degradation: Another huge failing of the Alcotest 9510 is that one of the machine’s sensors – a fuel cell which measures the electrical current of the breath – becomes less and less accurate with repeated use. This means that the results of the 100th person tested on the machine will be less accurate than those of the first, and the 1000th person will have even more skewed results.

Reversing your conviction

Since the failings of the Alcotest 9510 have come to light, Massachusetts police have stopped using this machine. However, there are an estimated 27,000 Massachusetts residents who were convicted of operating under the influence (OUI) based on this device’s readings.

If you were convicted of OUI between June of 2011 and April 18 of 2019, you may have grounds to challenge your ruling if either of the following is true:

• You admitted to insufficient facts
• You pled guilty

Don’t let a false breathalyzer reading obstruct the rest of your future. Consulting with an experienced OUI lawyer can help you get a clean slate.

The fact is that people from all walks of life suffer from alcohol addiction and alcohol dependence. The good news is that the condition can be treated through sobriety and support groups so that those affected can improve themselves and their outlook on life. If you have recently been arrested on OUI charges but are not sure whether you are struggling with alcohol dependence, the following are some signs that you should look out for.

You make up excuses to drink

When you’re around other people and you want to drink, you may find yourself making up reasons to consume alcohol. You may decide that a small triumph mentioned by one of your friends should be celebrated so that you can open the bottle of champagne in the fridge, or you may answer that you’ve had a stressful day and just need to relax to those who question why you are drinking.

You drink alone

Consuming alcohol should be enjoyed in moderation within a social environment. If you find that you often drink alone just to deal with your emotions or because you don’t enjoy being sober, this is a clear sign of alcohol dependence.

You risk your and others’ safety

Drinking and driving are not only illegal, but it puts other people’s lives at risk. Drinking while under the influence is a sure sign that you need to address your drinking habit.

If you are facing OUI charges in Boston, make sure that you take action to defend yourself against the criminal charges. You should also look into support groups that can help you to get sober and to improve your life for the better.

Ignition interlock devices

There is a measure in the recently passed state budget that will mandate the installation of ignition interlock devices for first-time drunk driving offenders. Up until this point, this was not a penalty for a first OUI conviction in Massachusetts. By increasing the severity of the penalties for an initial OUI, it may discourage drunk driving and lower the number of severe of fatal alcohol-related accidents. The state budget passed in December.

An ignition interlock device is installed in a vehicle, and the driver must blow into it before driving. It detects alcohol in the driver’s system, preventing intoxicated driving. The defendant is responsible for the costs associated with the installation of these devices.

Keeping a criminal record clear

An OUI conviction in Massachusetts will leave a mark on one’s criminal record that could affect that individual for years to come. By fighting a drunk driving charge, it may be possible to avoid a conviction and keep one’s criminal record clear, as well as avoid certain penalties. This includes the compulsory installation of an ignition interlock device. Those arrested for OUI may find it beneficial to speak with an experienced defense attorney regarding the specific legal options available in their situation.

There are some basic rules you can follow to make the situation easier. Here are four to remember.

1. Be polite

One of the best things you can do when you’re stopped by the police is to be as polite as you can be. If the officer asks for your license, provide it to them. Let them know if you’re reaching for something, like your insurance documents, and don’t try to start a conflict by arguing.

Doing this is helpful, because you’ll be on better terms with the officer and also show that you’re in good control of your behavior.

2. Remember not to say too much

The next thing to remember is that you shouldn’t say too much. Anything you say to the police could be used against you later, so don’t talk about your night out or try to explain yourself.

3. Don’t resist the Breathalyzer test (in most cases)

If you are asked to take a Breathalyzer test, you usually should take it. There are some cases in which doing so might be a bad idea, such as if you know you’re well over the limit, but for most people, refusing is going to cause more problems than anything else.

When you refuse the test, you will automatically lose your license. If you take it, even if it’s high, you may have the opportunity to save your license.

4. Don’t run or fight with the police over being arrested

Like the first point, remember that your behavior matters. If you are being arrested for an OUI, go with the police. Stay polite and respectful. This kind of control over your actions may help prove that you were not too impaired to be driving.

Your attorney will help you fight the charges after your arrest. Until then, remember that you do have a right to say quiet, so you don’t say anything that could incriminate yourself.

Motorcycle rider injured 

Bikers are especially vulnerable to the potential for injury and harm when involved in an accident. A woman is currently facing serious criminal charges for allegedly causing a drunk driving accident when her truck collided with a motorcycle. The driver suffered injuries and was taken to a hospital for treatment. Law enforcement states that empty beer cans were found in her vehicles, and the report indicates cocaine was found in her wallet upon inspection. 

She is officially charged with having an open container, possession of a Class B drug, leaving the scene of an accident and operating a vehicle under the influence of liquor causing injury. The Massachusetts driver was released on bail, but she must wear an alcohol monitoring device and refrain from driving pending the further order of the court. The accident is still under investigation by law enforcement. 

Defending her future 

While out on bond, the defendant would be wise to begin working on an effective defense strategy. The changes against her could lead to extensive time behind bars and more, but she has the right to challenge the case against her and defend her future. It is prudent for an individual charged with drunk driving to seek defense counsel as soon as possible after an arrest.

A conviction can affect your life in many ways, both now and well into the future. With a strong defense, you may be able to effectively confront the charges against you and potentially avoid or mitigate some of the penalties you are up against. No matter the details of your individual situation or your criminal history, you have rights and a future worth defending. 

What could an OUI mean for you? 

An OUI conviction could come with various penalties that depend on several factors, such as previous OUIs on your criminal record. As a college student, it is possible this type of crime could affect you in the following ways: 

• You could lose your scholarship funding. 
• You may not be able to live in student or on-campus housing. 
• Your reputation could suffer irreparable damage. 
• Your current education path may no longer be an option. 
• Your school could expel or suspend you. 
• Organizations and groups may no longer allow you to be a member. 
• A mark on your record could affect future employment opportunities. 

Your defense against an OUI is about more than just avoiding jail time and fines. It’s about preserving your interests and opportunities well after you graduate college. While it may seem simplest to plead guilty and move forward, it is prudent to first determine how this will affect you long-term before you make any decisions. 

Start now 

The best defense is the one that is suited to your individual needs and the details of your unique case. It is beneficial to begin developing this strategy as soon as possible after an arrest. When it comes to your future interests, quick action is necessary. It may be helpful for you to begin by seeking a better understanding of the potential penalties you could face and the various options for effective defense strategies against the prosecution of operating under the influence. 

Invalid results

Tens of thousands of cases over an extended period of time were affected by potentially inaccurate Breathalyzer results. In Jan. 2019, a judge ruled certain breath tests were invalid after misconduct committed by the Office of Alcohol Testing came to light. There has been a history of problems with Breathalyzer results in the state, dating back to 2015 when evidence was found of flawed tests.

Initially, the state attempted to blame the issues on officers, saying they did not properly calibrate their Breathalyzer devices. In 2017, a Massachusetts judge ruled that one specific type of machine in use produced inaccurate and unreliable results. Those affected directly by this inaccurate breath test device may have the ability to reclaim their future and avoid a wrongful conviction and unnecessary penalties.

A clean record

If a Massachusetts driver suspects inaccurate Breathalyzer results are affecting his or her case, that individual has rights. An experienced defense attorney can evaluate the situation and identify the most appropriate course of action. Those who may currently be eligible for a dismissal of charges will find it beneficial to take quick action to protect their future against the impact of a potentially wrongful conviction.

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.

While it’s your hope that you never drive into a sobriety checkpoint, it’s not easy to avoid doing so. One second you’re cruising down the road, but the next you see a checkpoint ahead.

Here are some things to know if you find yourself driving into a sobriety checkpoint:

• Slow down: The thought of driving through a sobriety checkpoint should never cross your mind. The second you realize what lies ahead is the second you should slow down and follow the signs.
• Don’t look suspicious: This is easier said than done, but it’s important. There are many things that can make you look suspicious, such as slamming on your brakes, trying to make an illegal turn or constantly looking over your shoulder.
• Stay in your vehicle: Once you come to a stop, stay where you are and wait for the officer to approach your window. Not only does getting out look suspicious, but it also puts your safety at risk.
• Don’t say too much: The officer will ask you for your license and registration, which you should be able to quickly provide them. If everything checks out, they’re likely to ask if you’ve been drinking. A simple “no” is good enough. If they press you, such as asking where you’re going, an answer such as “home” is adequate. The more you talk, the greater chance there is that you’ll slip.
• Don’t resist arrest: If the officer deems that you’re under the influence and a danger to other drivers and yourself, they’ll put you under arrest. Don’t resist, as doing so puts your health at risk and could lead to additional criminal charges.

Your arrest isn’t the end of the road

Just because you’re arrested at a sobriety checkpoint doesn’t mean that a conviction for OUI will come next. There are steps you can take to defend yourself in court, all with the idea of avoiding a conviction and the harsh penalties typically associated with it.

The vehicle went through a brick wall before hitting the victim who was killed, then drove over a mailbox before hitting the vehicle. He is charged with assault and battery, reckless operation of a vehicle, homicide by vehicle while driving under the influence of alcohol, speeding and lane violation. He allegedly attempted to attack another person before trying to flee the scene.

Records indicate the Massachusetts driver has a previous drunk driving conviction from another state. At last report, he was being held on $20,000 bail. The court ordered him not to drive, not to consume alcohol and to avoid any type of contact with any accident witnesses. There is currently an ongoing investigation into the incident, including a reconstruction of the accident.

Due to the serious nature of the case against him and his previous criminal history, he is surely focused on developing his defense strategy. With the right help, he will be able to effectively confront the charges against him, protect his rights and pursue the most beneficial outcome to his case. He will find it helpful to begin this process by reaching out to an experienced defense attorney promptly.

The unfortunate part of the potential for being drugged is not only that you could be very ill or taken advantage of. It also means that you could end up facing a charge for operating your vehicle under the influence, even though you didn’t know you were impaired.

Imagine a scenario in which someone starts to feel unwell at the bar. They may not have realized that someone slipped drugs into their food or drinks. In a best-case scenario, a friend may take them home or take them to the hospital. In others, the individual may be able to get to their vehicle or to a safe location.

Unfortunately, if someone who has been drugged is able to get into their vehicle and drive, they could put their own life, as well as others’ lives, at risk. If you are impaired, even if you don’t know it, then an officer could pull you over and arrest you for an OUI.

What should you do if you were drugged and now have an OUI charge to face?

Situations like this happen more often than you may think, so it is a good idea to talk to your attorney as soon as you can. If you can show that you were in the bar, have witnesses who say that you weren’t feeling well or even can have bloodwork show that you had certain drugs in your system, then you may have a better chance of defending yourself.

It’s unfair for anyone to face charges for something they did not intend to do, so it’s important for you to fight back against those claims and to explain what really did happen to the best of your ability. Your attorney will help to protect your rights and work toward a resolution you agree with.

You may assume that it is simply easier to plead guilty and take the consequences, hoping you can eventually get on with your life. The reality is that the ways a drunk driving conviction can change your life go far beyond going to jail or losing your driving privileges for a period of time. Because of what is at stake, you will find it beneficial to work with an experienced defense attorney at every step of the criminal justice process.

What will it cost?

With a drunk driving conviction comes an expensive fine. You may think it’s just a one-time fee, but this is not the only money you will lose because of an OUI. Convicted drivers may face fees when getting their licenses back, and they may also face higher insurance rates. Other common consequences of an OUI include:

• Time behind bars
• Loss of driving privileges
• Mark on your criminal record

These are only a few of the consequences you may want to consider after an arrest for drunk driving. You could also find that your OUI brings other, non-criminal consequences that may affect both your current situation and your future. These include:

• Loss of your job
• Loss of your reputation
• Loss of scholarships and educational opportunities
• Inability to get a job
• Negative effect on a child custody case

The long-reaching effects of an OUI are something to take seriously. In order to mitigate the possible penalties you are facing, you will need to develop a strong defense strategy that allows you to effectively confront the prosecution’s case.

Experience matters

When it comes to effectively defending yourself against OUI penalties and fighting back against drunk driving charges, you will want to work with an experienced defense attorney. It will significantly benefit your defense to work with someone who understands the criminal justice system and dedicates his or her time to advocating for your rights and future interests.

In many states, the crime of driving while intoxicated by alcohol or drugs is referred to as Driving Under the Influence (DUI). However, in Massachusetts, driving while under the influence of alcohol or drugs is referred to as Operating Under the Influence (OUI). The following is an overview of when drivers in Massachusetts can be charged with an OUI and the legal consequences that they are likely to face.

Being charged with an OUI when you are under the age of 21

If you are under the age of 21, you are subject to zero-tolerance drinking and driving laws. This means that if you are pulled over and measured to have a BAC of 0.02% or higher, it will be assumed that you have been drinking, and you’ll face underage OUI charges.

Being charged with an OUI when you are 21 or older

If you are measured to have a BAC of 0.08% or higher, you’ll face OUI charges since you’ll likely be under the influence of alcohol and therefore unable to drive safely. If your BAC is measured to be 0.20% or higher, you’ll be deemed to be heavily intoxicated, and therefore you will face aggravated OUI charges which will include enhanced penalties.

What are the consequences of an OUI charge?

The seriousness of the consequences associated with your OUI charge will depend on several factors, including your BAC measurement as well as whether you are a first-time offender. You may be able to defend yourself successfully by disputing the BAC test results.

If you are facing OUI charges in Massachusetts, make sure that you take early action to understand your defense options.

Regardless of what circumstances led to your arrest for an alleged OUI offense, you will have to worry about fines and even jail time depending on your criminal history and driving record. An OUI defense will also have an impact on your driving privileges.

Officers typically seize or suspend a license at the time of an arrest

Once an officer has conducted a field sobriety test or chemical breath test and believes that they have grounds to arrest you for an OUI offense, they might retain your license as a way of preventing you from driving until the courts hear your case.

An immediate administrative suspension of your license until you go to court for your charges is common in OUI cases. If the officer didn’t retain or suspend your license, the judge who formally charges you likely will. In some situations, drivers facing hardship because of the loss of their license may be able to secure a temporary license.

Those convicted of an OU I will face a suspension as well

Whether you get convicted or plead guilty to an OUI offense, you will likely have to deal with a post-conviction suspension of your license. Previous arrests and aggravating factors at the time of your arrest can influence how long your suspension lasts for.

Those with previous offenses may require an ignition interlock device

Even after the suspension of your license, you may not regain full driving privileges right away. In fact, Massachusetts often requires that drivers with a previous OUI offense on their record to install an ignition interlock device (IID) as part of the process of regaining their license, which can be both embarrassing and expensive.

Defending yourself against charges can protect your license and reduce the other social and criminal consequences you face as a result of an alleged impaired driving incident.

Rather than deal with this type of traffic stop should the time come, there’s some important things you should know:

• Don’t attempt to get away: It goes without saying, but you should immediately move your car to a safe place if an officer puts on their lights and moves behind you vehicle. There’s never a good time to flee, so put on your hazard lights and find a safe place to move your vehicle.
• You don’t have to say anything: It’s not likely that you’ll sit in your vehicle in total silence, but you must realize that you have the legal right to remain silent. So, if the officer asks a question you don’t understand or one that could implicate you of a crime, politely decline to answer.
• The officer may ask you to get out of your vehicle: If this happens, they’re likely to ask you to partake in a field sobriety test. Also, during this time, keep in mind that the officer cannot search your vehicle without reasonable cause. For example, they don’t have the legal authority to break open your trunk in search of alcohol, drugs or something else that could potentially lead to your arrest.
• You could be put under arrest: You hope to avoid it, but the officer may decide to put you under arrest for operating under the influence. If this happens, follow their direction and remain silent. Don’t resist or continue to talk, as you could do and/or say something that works against you when your day in court arrives.

These are some of the more important things to know if you’re pulled over for suspicion of DUI. The more knowledge you have, the less likely it is that you’ll make a mistake.

Should you find yourself dealing formal OUI criminal charges, don’t hesitate to implement a defense strategy to protect your legal rights.

The incident that led to the woman’s arrest reportedly happened during the afternoon hours of a day in late July. According to police reports, the woman struck a cargo truck stopped at a red light. Officers claim that she then left then scene, but she was stopped and taken into custody soon after. No injuries were reported in the collision.

Reports say that the woman was disoriented, unsteady and had slurred speech. She allegedly refused to participate in a field sobriety test, but police say that they discovered several alcohol containers in her vehicle. The woman allegedly stated that she had not been involved in an accident. Her vehicle reportedly had damage to its front end.

In addition to drunk driving allegations, the woman was cited for leaving the scene of an accident, possession of an open container in a motor vehicle, and failure to stop for a red light. Unfortunately, allegations such as these can have significant long-term consequences. Because of the multiple factors involved in a case involving such accusations, many people in Massachusetts feel unprepared to face them on their own. As such, they often turn to an attorney with experience with OUI cases to help them carefully evaluate all aspects of their case.

If charged with an OUI in Massachusetts, it’s in your interests to take your situation seriously from the start. Beginning with understanding what you are up against and how it can change your life, learning about the potential effects of an OUI is important. This understanding can help you develop a defense strategy that is effective and custom-tailored to your individual needs and objectives.

Consequences you are facing

The consequences for driving under the influence of drugs or alcohol are steep. While the severity of the penalties you could face depend on your criminal record and the details of your individual case, even a first-time offense can change your life. Some of the things you may expect after an OUI include:

• Being placed under arrest, taken to a police station, photographed and booked
• Appearing in court and publicly answering to the charges brought against you
• Losing your driving privileges and relying on someone else to drive you where you need to go
• Paying fines, being placed on probation and attending court-ordered alcohol treatment programs
• Installing an ignition interlock device and paying increased insurance rates

These are only a few of the potential OUI penalties that may change the course of your future and your personal freedom. With a strong defense strategy, you may be able to effectively confront the case against you and potentially mitigate the severity of the penalties you are facing.

Building your defense 

Should you just plead guilty? Will this ruin your reputation? How can you possibly develop a defense strategy that allows you to effectively fight back against the prosecution’s case? These are questions you do not have to face alone. Working with an experienced defense attorney will be invaluable during this time. After an arrest, you will not want to delay in getting the help you need to protect your rights and shield your future interests from the potential impacts of a drunk driving conviction.