Massachusetts Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

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Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.


Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In Massachusetts, refusing to take a chemical test is not a criminal offense, but is instead a statutory requirement with an administrative suspension/revocation. The RMV will suspend/revoke your learner's permit/driver's license or right to operate immediately.

Here are some simple steps to follow after an OUI charge in Massachusetts to produce the best possible results: Find the right Massachusetts OUI defense attorney. ... Do NOT PLEAD GUILTY until you've spoken with your OUI defense lawyer. ... Explore the evidence. ... Evaluate the details of the traffic stop and arrest.

You can face legal consequences even if you refuse because you believe you did nothing wrong. The administrative/criminal penalties for refusing a Breathalyzer test are in addition to penalties for any DWI conviction. Even on a first offense, those penalties usually carry mandatory minimum sentences.

Typical OUI / DUI Penalty (under 21) Unsupervised probation for one year. If BAC result is . 20 or higher, you must take a 2 week mandatory, inpatient alcohol treatment program. Hardship license issues can be more complicated.

Massachusetts law now further mandates that, for driver's over the age of 21, your Driver's License will be suspended if you refuse the Breathalyzer Test for: No Prior OUI Offenses: 180 days. 1 Prior OUI Offense: 3 year suspension. 2 Prior OUI Offenses: 5 year suspension.

An underage driver violates these laws simply by driving with the applicable blood alcohol concentration (?BAC?). Refusing to take a breath test to measure BAC will not help. Refusal to take a California DUI chemical test will result in the driver's license being suspended for at least one year.

If you are under 21, you also face more severe penalties for refusing the breath test. For those over 21 years old, your license is automatically suspended for 180 days following a breath test refusal. For anyone under 21 years old, the automatic license suspension is for a period of three years.

The short answer to this question is that, as of January 9, 2019, the breathalyzer tests are not admissible for most cases. Exceptions to this exist only for OUI cases involving serious bodily injury or death and for cases charged as a 5th offense OUI or greater.

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Massachusetts Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI