Massachusetts OUI Breath Test .08 – Can You Still Be Found Not Guilty?

Can You Be Found Not Guilty of OUI in Massachusetts With a .08 Breath Test?

Many people assume that if a breathalyzer shows .08, a conviction for Operating Under the Influence (OUI) in Massachusetts is inevitable. That assumption is incorrect.

Under Massachusetts law, the prosecution must prove beyond a reasonable doubt that the driver was operating a motor vehicle while under the influence of alcohol. A breath test result alone does not always meet that burden.

Recently, Attorney Michael Murray successfully defended a client charged with OUI and child endangerment despite the Commonwealth presenting a .08 breath test result. After trial, the jury returned a not guilty verdict on all charges.

You can read more about that case here:
NOT GUILTY Verdict in Massachusetts OUI and Child Endangerment Case.

Understanding the .08 Legal Limit

Massachusetts sets the legal limit for blood alcohol concentration at 0.08% for drivers over 21. However, the number itself is only one piece of evidence in an OUI case.

Jurors must evaluate:

  • Police observations of impairment

  • Driving behavior

  • Field sobriety tests

  • Breath test procedures

  • Reliability of the testing equipment

If reasonable doubt exists, a jury must return a not guilty verdict.

Breath Tests Are Not Perfect

Breath testing devices can be challenged in several ways.

Potential issues may include:

  • Improper device calibration

  • Failure to follow testing protocols

  • Mouth alcohol contamination

  • Medical conditions affecting breath samples

  • Environmental interference

Even a small error can affect the reliability of the result.

Field Sobriety Tests Are Subjective

Police officers often rely heavily on field sobriety tests. However, these tests are not scientific and are subject to interpretation.

Factors that can affect performance include:

  • Nervousness

  • Uneven pavement

  • Weather conditions

  • Fatigue or injury

  • Poor instructions from the officer

A driver may perform imperfectly on these tests without actually being impaired.

Every OUI Case Must Be Proven

In Massachusetts criminal trials, the burden of proof always rests with the prosecution.

If the Commonwealth cannot prove its case beyond a reasonable doubt, the defendant must be found not guilty.

That is why experienced legal representation is critical when facing an OUI charge.

Charged With OUI in Massachusetts?

If you have been charged with Operating Under the Influence, it is important to consult an experienced defense attorney immediately.

An OUI charge does not automatically mean a conviction, even when a breath test is involved.

I have been providing Operating Under the Influence (OUI and OUI Drugs, DUI and DWI) defense services in Massachusetts for over Thirty (30) years.  I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Ninety Percent (90%) of my trials.*

 

Call a Top 10 Massachusetts OUI Attorney Now at: (508) 393-4162.

 

This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately.

 

In this Blog OUI (Operating Under the Influence) and DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) will be used interchangeably as synonymous acronyms for the same crime know colloquially as “drunk driving”. However, in Massachusetts the crime is referred to as Operating Under the Influence (OUI).