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Can I Fight My OUI Even If I Fail a Test?

Posted on : December 11, 2018
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If you have been pulled over for a suspected operating a vehicle under the influence in Massachusetts, this process can be overwhelming, and you might not fully understand what’s happening to you until you retain an experienced criminal defense attorney who can explain the charges directly to you.

There are many questions that people bring to the offices of their criminal defense attorney related to field sobriety tests and breath tests. First of all, there are numerous field sobriety tests that police officers can use to determine whether or not you might be drunk.

These include asking you to walk the line, counting backward or putting your fingertips to your nose. These are divided attention tests that are used to assist police officers in gathering proof of intoxication to make a lawful OUI arrest. However, these are not 100% reliable and this can be brought up in the defense of your criminal charges. If you take a breath test and fail it, this is another common question presented by defendants who are curious about protecting their freedom.

In many cases, you are still eligible to fight an OUI charge even after you have blown 0.08% blood alcohol content or higher. Your attorney will step into action quickly to investigate your case and might be able to have your breath test results thrown out entirely based on misconduct or police error. This is why it is so important to share the details of your arrest with your criminal defense attorney immediately.

Your lawyer will know the common reasons why you can challenge a breath test result and will use this information to fight for your freedom. Breath test machines can lead to incorrect readings if they are not appropriately calibrated each time that they are used. Or if the officer did not have the suspect breathe into the machine properly, this information can be raised by your criminal defense lawyer as a reason to ignore the overall results. Because of the complicated factors involved in handling any type of breath test or other issue, it’s imperative that you retain an attorney who is familiar with these kinds of cases.

 

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