In a Massachusetts OUI case, a police officer is required to administer two valid breathalyzer tests to a motorist. The only breathalyzer result admitted into evidence is the lower of the two test results. The two breathalyzer test results must agree with .02 of one another or a third test must be given to the motorist.
A recent case from the Massachusetts Supreme Judicial Court, Commonwealth v. Steele, raised the issue of whether the Commonwealth could admit into evidence the higher of the two test results. The Commonwealth argued that it is the regulation and not the statute that states that only the lower of the two test results is admissible. The Commonwealth argued that admitting only the lower of the two test results benefits the motorist.
The Massachusetts Supreme Judicial Court held that the statute delegated the authority to the Secretary of Public Health to create regulations governing breathalyzer testing. The court held that the regulation permitting only the lower test result to be admitted into evidence is a reasonable regulation designed to promote accurate and reliable breathalyzer test results.
Attorney DelSignore is a Massachusetts OUI lawyer who has successfully excluded breathalyzer test results from being admitted into evidence. If you took a breathalyzer and failed, attorney DelSignore will discuss the ways to exclude the breathalyzer from evidence. Attorney DelSignore will answer your call immediately at 508-455-4755 or by email through this site.
