Massachusetts DUI Evidence

Upon your arrest for DUI/OUI in Massachusetts, you will be asked to submit to a chemical test of your breath or blood to measure your blood alcohol content ("BAC"). Whether a breath test or blood test will be requested depends on the circumstances of your case and is in the discretion of the arresting officer. Under Massachusetts DUI law, however, a blood test may only be administered if the defendant is taken to a medical facility.

BREATH TESTING: Breath tests will not be valid unless they have been administered by a certified operator using approved infrared breath testing devices as permitted by law. The machine used by the police in Massachusetts DUI cases is called the Intoxilyzer, which is manufactured by the company CMI. Under Massachussetts' Chemical Breath Analysis statute, the regulations governing the administration of breath tests are to be approved by the secretary of public safety. The following regulations are required: (a) that the chemical analysis of the breath of a person charged be performed by a certified operator using a certified infrared breath-testing device in the following sequence: (1) one adequate breath sample analysis; (2) one calibration standard analysis; (3) a second adequate breath sample analysis; (b) that no person shall perform such a test unless certified by the secretary of public safety; (c) that no breath testing device, mouthpiece or tube shall be cleaned with any substance containing alcohol.

BLOOD TESTING: Blood testing is rare in Massachusetts DUI/OUI cases. The police may only request a blood sample under very limited circumstances. Blood tests must be taken at a medical facility by a qualified technician. Failure to properly preserve the blood sample, or errors during the testing process may compromise the validity of the sample. If you have been arrested for DUI/OUI in Massachusetts and were subject to a blood draw, contact an experienced attorney in your area for more information on how it may affect your case.