Drunk Driving charges were brought against Miami Dolphins cornerback Will Allen. According to the news account, Allen attempted to drive through a police barricade that was used to create a detour. Allen is reported to have taken a breathalyzer at the police station with readings of .152 and .167.
Under Massachusetts OUI law, a motorist is given two breathalyzer tests. If a driver is only given one breathalyzer test, the results would be inadmissible. The lower of the two readings is the only admissible breathalyzer reading that would be presented to a jury. This aspect of Massachusetts DUI law was recently reaffirmed by a case decided by the Massachusetts Appeals Court.
In Allen's case, there is a disparity between the two breathalyzer tests results. This could be from a defect in the machine or failure of the police officer to follow proper procedures in administering the test. In some cases an expert is necessary to explain the defect in the breathalyzer testing process to a jury.
Michael DelSignore is a Massachusetts OUI attorney practicing throughout Massachusetts, including courts in Dedham, Wrentham, Taunton and Fall River District Courts. Those charged with a DUI in Massachusetts should call Attorney DelSignore for a free consultation and to learn what defenses may apply to your case. Attorney DelSignore can be easily reached at 508-455-4755 or by email. Call now.
