I was arrested for DUI/OUI on a side street in Weston on a Friday afternoon. I got sick that evening with some kind of stomach bug. My wife who bailed me out of jail can testify to that. Our whole family got the sick right after me. If I had a fever at the time of the breath test would that affect the results? What’s my best defense?
The stomach bug may affect the breath test as vapors from your stomach may affect the results only if you have consumed some amount of alcohol. As far as defending the case, it seems as though you have a legitimate excuse for the way you appeared and perhaps why you could not perform the field tests if they were administered. Also, you have witnesses to confirm your illness. This sounds like a case with which you could defend successfully.
Weston DUI / OUI Defense Lawyer, James Milligan represents clients charged with OUI in Weston, Massachusetts and throughout Norfolk county including the communities of: Wayland, Sudbury, Lincoln, Lexington, Waltham, Newton and Wellesley.