Last week, my buddy was stopped by police in Wayland for having only one headlight on his car. He was then arrested for OUI on the result of a breath test. He has asthma and takes an albuterol inhaler. Would this affect the accuracy of the breath test? Also, another friend and I can testify that he only had a few beers the whole night out. Does this sound like a strong OUI case to fight?
The albuterol inhaler may affect the results of the breath test depending on when it was last used. The breath testing machine cannot detect the difference between the inhaler and alcohol. Therefore, the machine assumes it is all alcohol, which may result in a false positive. All of this depends on how high the breath test reading was, of course. I am happy to take a look at the case. There is no fee for the consultation. I am a Board Certified OUI lawyer so please give me a call to discuss the matter. Thank you.
Wayland DUI / OUI Defense Attorney, James Milligan represents clients charged with OUI in Wayland, Massachusetts and throughout Norfolk county including the communities of: Weston, Sudbury, Lincoln, Lexington, Waltham, Newton and Wellesley.