In Massachusetts, the legal limit for alcohol is .08 Blood Alcohol Content (BAC) for those over 21. If you are under 21, you can face penalties for blowing .02%, which is effectively zero tolerance.
If you are asked to take a breath test by the police, you are generally better off not taking the test. The fact that you refuse the breath test/breathalyzer test cannot be noted or used against you in court. If you’ve been charged with driving while over the legal limit, you need to consult with a lawyer. Please call or text me for a quick answer on what to do next.
If you’ve been arrested and did take and fail the breathalyzer test, there are many legal defense options we can use to fight your OUI charge. Even the police will acknowledge that a breathalyzer is only accurate to +/- .02 BAC.
So if it is a marginal case of slightly over the legal limit, that is still far from beyond a reasonable doubt of guilt. And sometimes the police arrest you, only to find out you blow under the legal limit and actually passed the breath test. Yet they can and do still pursue a case against you in court.
Call me anytime to discuss your case, with no obligation, at (781)380-7730.
-Attorney Russell Matson
What Factors go into a Blood Alcohol Content Calculation?
|Fluid Ounces Consumed||Percent Alcohol|
|Your Weight (Lbs)||Hours Consuming Drink|
BAC vs. BrAC
Most BAC is levels are calculated by a breath test machine, commonly known as a breathalyzer. The breathalyzer calculates breath alcohol content (BrAC) which is translated into an approximately equivalent blood alcohol level (BAC). There are often problems with these calculations, since they are based on average lung capacity and biology, and not everyone is “average”.
Further reference on the effects of Alcohol consumption, at different BAC levels.