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The first few minutes of your Stop
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Police Mistakes in DWI Arrests |
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The legal limit for alcohol according to Massachusetts State Law
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A BrAC is not the same thing as a BAC
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MA Police Training Manual - OUI Stop Field Sobriety Tests
certain devices. If
so, the test would be contaminated and its result would be higher than the true
BAC. Normal characteristics of breath samples, such as halitosis, food odors,
etc., do not affect accuracy.
There are two common
factors that tend to produce low PBT results.
Cooling of the
breath sample. If the captured breath sample is allowed to cool before it is
analyzed, some of the alcohol vapor in the breath may turn to liquid and
precipitate out of the sample. If that happens, the subsequent analysis of the
breath sample will produce a low BAC result.
The composition
of the breath sample. Breath composition means the mixture of the tidal
breath and alveolar breath. Tidal breath is breath from the upper part of the
lungs and the mouth. Alveolar breath is deep lung breath. Breath testing should
be conducted on a sample of alveolar breath, obtained by having the subject blow
into the PBT instrument until all air is expelled from the lungs.
THE
ARREST DECISION
Your arrest/no
arrest decision is the culmination of the DWI detection process. Your decision
is based on all the evidence you have accumulated during each detection
phase.
PHASE ONE:
• initial
observation of vehicle in motion;
• observation of the stop
PHASE TWO:
• face-to-face
observation and interview;
• observation of the exit.
PHASE THREE:
• SFSTs;
• preliminary breath tests.
Your decision involves a careful review of each of the observations you have
made. Conduct a “mental summary” of the evidence collected during vehicle in
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Call Russell Matson's cell phone to talk to a drunk driving / DUI / OUI attorney anytime at (781)380-7730.
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If you are charged with DUI/OUI in Massachusetts, call me now
for a free consultation at (781)380-7730 or
here.
Don't delay, I can help you!
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For a free legal consultation on your Mass DUI/OUI charge from Attorney Russell Matson, please fill out the form below:
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