Experienced Lawyer With In-Depth Knowledge of the Breathalyzer
Breathalyzers are not as accurate as most police officers would like you to believe. As an experienced criminal defense lawyer, I know a great deal about the mechanics of how a breathalyzer machine works. I know that these inaccurate machines often lead to false positives — and that people who take breathalyzer tests may be wrongly accused of drunk driving.
Breathalyzer Test Refusal
At my Fitchburg, Massachusetts, law office, Steven W. Panagiotes, Attorney at Law, I often advise my clients that, in certain circumstances, it could be best to refuse the breathalyzer. It may be advisable, for various reasons, to leave the police station and immediately seek medical attention to have a blood alcohol test done. If the blood test reveals a blood alcohol content (BAC) of less than .08 (or .02 if you are underage), then the OUI charges against you could ultimately be dropped.
This advice, however, depends on your situation, as administrative penalties like automatic license suspension may very well apply, even if the underlying OUI charges are eventually dropped. The best course of action is to speak with me directly by calling 978-342-4444 or sending me an e-mail.
The Problem with the Breathalyzer Itself
The breathalyzer measures the amount of alcohol present in your breath. The problem, however, is that Massachusetts law requires a BAC of .08 or more for a drunk driving charge. BAC is technically based on the amount of alcohol in your blood — not your breath. Sometimes there are critical differences between the two. Certain medical conditions or other reasons could very well cause there to be vast discrepancies between the amount of alcohol on your breath and that in your blood.
To talk with me about OUI/DUI or BAC testing, contact Steven W. Panagiotes, Attorney at Law. You can call my Fitchburg law office by calling 978-342-4444 to schedule a free and confidential consultation about the charges you face. Of course, you can also contact me online.
