In Massachusetts, the crime of operating under the influence of alcohol and/or drugs is found at G.L. c. 90 sec. 24 entitled: "Driving while under influence of intoxicating liquor, etc.; second and subsequent offenses; punishment; treatment programs; reckless and unauthorized driving; failure to stop after collision"

 

The crime of driving under the influence in Massachusetts may be proved by blood alcohol content as well as observations of witnesses, such as the arresting officer. If a breathalyzer reading establishes that your blood alcohol exceeds .08, the crime is a biological one.  In other words, the question of whether or not you were intoxicated at the time you submitted to the breathalyzer will be determined by your BAC reading rather than the observations of the officer or other witnesses.

 

Breathalyzer machines are mechanical devices which must be calibrated and maintained property to function as designed. In some cases, as is common with mechanical devices, breathalyzer results have been found to be inaccurate or influenced by other factors (lack of properly trained officer administering the test; lack of proper calibration) which have an effect on the weight afforded to the evidence obtained therefrom. We ask for proof that the test, if administered, was administered in accordance with Massachusetts law. In order to determine whether or not there are any issues with the administration of the breathalyzer test in your case, we engage in a thorough case evaulation.

 

 

 

G.L. c. 90 sec. 24 states in pertinent part: (full text here)

 

"Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment."