I was pulled over by Boston police last weekend. I politely declined taking the breath test. I have my own personal breathalyzer and had taken it before getting behind the wheel. I told the police officer that my BAC was .06 based on my own personal device and he still arrested me. Will my breath test help or hurt my case?
Unfortunately, your breath test will probably not be allowed into evidence as it does not meet the requirements for introduction at trial. However, your statements to the police may be admissible, so there may be way of getting the reading into evidence by way of your statement to the police officer. This statement however may lead to the introduction of your refusal to take the breath test, which otherwise would not be allowed into evidence. My guess is that you performed well on the field tests. If that is the case you may not even need to mention the .06 reading that you registered. If you would like a free consultation on your situation, please give me a call.
Boston and Suffolk County OUI Lawyer, Attorney James Milligan represents clients charged with DUI DWI OUI in Boston and throughout Suffolk County including the communities of Chelsea, Revere and Winthrop.