Field Sobriety and Breath Tests

Failed Breath Test or Sobriety Test? You Can Still Beat Your OUI Charge in Massachusetts.

A conviction for drunk driving can result in serious penalties. Even if you failed your breath test, blood test or field sobriety test, it may be possible to challenge the evidence against you.

As an experienced OUI defense lawyer, I have the knowledge, resources and skill to help you fight the charges against you. I am Kenneth van Colen of The Law Offices Burke, Espinola, & van Colen, in Fall River, Massachusetts.

Challenging Sobriety Tests

To challenge a sobriety test, you need an attorney who has a complete knowledge of the tools and processes used by your local police department in Massachusetts. With more than 15 years of experience defending clients against OUI charges, I know the questions that are central to your defense, including:

  • Did the police officer correctly perform the blood test or breath test?
  • What blood testing or breath testing machine was used? Was the machine properly calibrated? Are there any known issues with the machine?
  • Did the officer use field sobriety test such as the “walk and turn,” one leg stand or horizontal gaze nystagmus test? Were those tests properly administered?
  • Were there other factors that could have resulted in a poor test result? For example, were you on prescription medication? Do you have an injury that made it difficult to stand on one leg?
  • Did the police officer have probable cause to pull you over?

I can help you investigate the circumstances that led to your arrest and build a strong defense against your OUI charges. I will explore every avenue in order to get your charges dismissed or the penalties reduced in your case.

Contact Me for Skilled Defense

If you have been arrested for drunk driving, a skilled defense attorney can make all the difference. Contact me for a free initial consultation to discuss your defense.


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