A Taunton, Massachusetts resident was arrested for OUI on July 24, 2009. Brian Santos was charged with a third offense OUI. Santos was allegedly stopped for going 35 mph over the speed limit. Since speeding is common, it is not considered a sign of impaired driving by the National Highway Traffic Safety Administration.
Santos took a breathalyzer test and blew a .10. Santos' DUI attorney will try to exclude the breathalyzer test results from evidence. There are numerous ways to exclude the breathalyzer test from evidence, including the failure of the officer to obtain a defendant's consent, failure to observe the 15 minute waiting period and failure of the Commonwealth to satisfy the legal requirements to admit the test results by producing documents from the office of alcohol testing.
Given that the breathalyzer reading is close to the legal limit, Santos' OUI lawyer may try to present a margin of error defense. Like all machines, a breathalyzer machine has a margin of error. When the Commonwealth conducts its periodic testing of the machine as required by law, the Commonwealth considers the machine to be working properly if it comes with plus or minus .01 percent. Additionally, other factors could result in a lowering of a defendant's blood alcohol percentage, including medical issues, failure of the machine to account for temperature and defects with the particular machine that the defendant was tested on. When a breathalyzer reading is near the legal limit, as in Santos' case, a DUI lawyer can pursue a margin of error defense if the judge allows the breathalyzer evidence to be admitted at trial.
Attorney DelSignore is a Massachusetts OUI lawyer that regularly practices in Taunton, Attleboro, Fall River and Dedham District Courts. Attorney DelSignore has handled numerous cases involving breathalyzer tests and will discuss your case at a free consultation and explain your OUI defenses to your case. Call for a free consultation and speak to Attorney DelSignore immediately.
