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In Massachusetts, a driver pulled over under suspicion of DUI or OUI may be offered a breathalyzer test. If the driver elects to take the test, then under Massachusetts law, he would be required to give two breath samples. Only the lower of the two readings, however, may be used against the driver in court. Massachusetts does not permit the use of the higher reading because the purpose of the second sample is to ensure accuracy, not to add to the prosecution’s case. Despite this, in the case against Dennis Steele, prosecutors in Franklin and Hampshire Counties attempted to have the second breath reading admitted into evidence court, claiming its importance as evidence.
In Commonwealth v. Dennis P. Steele, the Massachusetts Supreme Court issued a ruling of great importance to drunk driving cases across the state. Read about the court’s decision, as well as the impact this ruling will have for those accused of DUI or OUI in Massachusetts.

Read the full article: Massachusetts Supreme Judicial Court Decides for Driver In DUI Question

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