Massachusetts Second Offense OUI Not Guilty Despite a .16

A Massachusetts second offense OUI not guilty verdict is hard to win when the client blew a .16, twice the legal limit. Yesterday, Tuesday, October 6, 2026, in Commonwealth of Massachusetts v. Defendant, Docket No. 2567 CR 0666, after trial, my client was found NOT GUILTY of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI, also called DUI or DWI), Second Offense. He was facing a mandatory minimum two-year loss of his driver’s license. He left the courthouse with his license.

The Stop

My client was stopped for multiple marked lanes violations. Once stopped, he provided all of his documentation and was polite and courteous with the officer. He was arrested for OUI and submitted to a breath test, which recorded a .16.

On paper, that is the kind of case many people assume cannot be won: a second offense, a breath test result twice the legal limit, and multiple marked lanes violations. But every number the Commonwealth relies on has to be produced the way the law requires.

The Breath Test Was Suppressed

Before trial, we filed a Motion to Suppress the Breath Test under Massachusetts General Law, Chapter 90, Section 24K and the requirements of 501 Code Mass. Regs. § 2.13(3). Section 24K makes breath test results admissible only if the test was administered in accordance with the regulations. Regulation 2.13(3) requires the breath test operator to observe the person for no less than 15 minutes immediately before the test, so that mouth alcohol or anything else in the mouth cannot contaminate the result.

In Commonwealth v. Pierre, 72 Mass. App. Ct. 230 (2008), the Appeals Court affirmed the suppression of a breath test where the Commonwealth could not establish a proper observation period, holding that there is a limit to how much deviation from the regulations may occur before the results become inadmissible. Our motion was allowed. The .16 never reached the jury.

What the Commonwealth Had Left

With the breath test suppressed, the prosecution was left with only the officer’s opinion of how my client performed on the standardized field sobriety tests (FSTs). Those tests are physical: walking heel to toe, turning, and standing on one leg.

We introduced certified copies of my client’s medical records showing pre-existing medical conditions, including knee operations to repair a torn meniscus. Officers are trained that injuries to the legs and knees can affect a person’s ability to perform these tests and their validity as evidence of impairment.

The officer also testified fairly and honestly that every other observation of my client showed NO evidence of intoxication:

• The pull-over
• His demeanor
• The production of his license and registration
• His exit from the vehicle when ordered out

Our result: NOT GUILTY.

Why a Massachusetts Second Offense OUI Not Guilty Verdict Is Possible

A second offense OUI carries serious consequences in Massachusetts, including a lengthy license loss. But a prior offense does not make the Commonwealth’s evidence any stronger. Breath tests must follow strict regulations, and field sobriety tests are only as reliable as the conditions and the person taking them. When the breath test is excluded and the officer concedes that the rest of his observations showed no sign of intoxication, reasonable doubt follows.

Every case turns on its own facts. A Massachusetts second offense OUI not guilty result like this one comes from examining how each piece of evidence was gathered, filing the right motions before trial, and holding the Commonwealth to its burden at trial.

Charged with OUI in Worcester County or Middlesex County?

If you have been charged with a first, second or subsequent OUI in Worcester County, Middlesex County or anywhere in Massachusetts, the breath test number in your police report may not be the end of the story. Learn more about our Massachusetts OUI defense practice, or call the Law Office of Michael Patrick Murray, P.C. at (508) 393-4162 for a consultation.

Prior results do not guarantee a similar outcome. Every case depends on its own facts.