If you are stopped for suspicion of DUI, you may be required to participate in one or more field sobriety testing. In Massachusetts, if your blood alcohol content level (BAC) exceeds 0.08%, you could be convicted for a DUI and face jail time, harsh fines and suspension of license. However, an arrest doesn’t mean you are automatically convicted. You can challenge the BAC test results with the help of an experienced DUI defense attorney.

DUI defense attorney James M. Milligan, Jr., is dedicated to protecting and defending the legal rights of his clients. He has successfully represented individuals charged with drunk driving crimes such as DUI, DWI, and OUI offenses. Contact James M. Millgan, Jr. to learn your rights and receive strong and effective defense.

Field sobriety testing

There are four common methods used to test a suspect’s blood alcohol content level (BAC) when out on the field. These field sobriety tests include:

• Breathalyzer test
• Horizontal Gaze Nystagmus test (HGN)
• Walk and turn test
• One leg stand test

Due to its lightweight, accuracy and quick test results, the breathalyzer test is the most used.

A suspect is asked to provide a sample of breath into a small size tube, usually up to three times. The breathalyzer machine will detect the amount of alcohol in the suspect’s system. If the alcohol level is over the legal limit of 0.08%, you can be arrested and charged with a DUI, DWI or OUI offense. However, not all breathalyzer test results are accurate. You can challenge the BAC results with the help of an experienced DUI defense attorney.

How to Challenge the Breathalyzer

Although the breathalyzer test is more accurate than the other field sobriety testing, it is only 70-78% accurate at times. This leaves up to 30% chance of error or incorrect reading of alcohol content in a suspect’s system.

The breathalyzer machine detects Ethyl alcohol but fails to differentiate it from Methyl alcohol. Various foods and other substances contain methyl alcohol, and people with diabetes tend to have high levels of methyl.

Other factors that could contribute to inaccurate breathalyzer test results include:

• Breathalyzer malfunctions
• Lack of training
• Improper use of machine
• Temperature conditions
• Blood or Vomit in mouth
• Dirt or smoke
• Moisture

You can challenge the breathalyzer test results with the help of an experienced DUI defense attorney.

DUI defense attorney James M. Milligan, Jr., can help you with your case. He will thoroughly investigate and examine all aspects of the situation, including probable cause of the arrest, the field sobriety testing and other factors. Mr. Milligan will utilize his experience and skills to create a strong and effective defense, and help minimize or dismiss the charges against you.

For a free initial consultation, please contact DUI defense attorney James. M. Milligan, Jr.