How Massachusetts DUI Prosecutions Can Get You Convicted Without Breathalyzer Evidence

For many individuals facing DUI charges in Massachusetts, the absence of breathalyzer evidence might seem like a silver lining. However, a recent judicial opinion sheds light on how prosecutors can still secure DUI convictions without relying on this traditional piece of evidence. At the Law Office of Patrick J. Murphy, we understand the intricacies of DUI cases and aim to equip potential clients with knowledge about the evolving landscape of DUI trials.

Understanding the Judicial Opinion

In a recent case, the absence of breathalyzer evidence took center stage, with the judge delivering a specific instruction to the jury to disregard any considerations related to the breathalyzer. Despite the defendant’s objection, the judge emphasized the appropriateness of the instruction, creating a unique scenario where the trial continued without breathalyzer evidence playing a role. Although the defendant was not required to submit to a breathalyzer test, his counsel feared that the lack of breathalyzer evidence could make the jury think that the defeadnt refused the test, which could suggest he was impaired at the time.

Admission of the Booking Video

The defendant also contested the admission of a booking video, arguing that it was prejudicial. The court, however, maintained that the video was relevant to establishing the defendant’s impairment. In DUI cases, driving performance, appearance, demeanor, and field sobriety test execution are crucial aspects. The booking video, taken shortly after roadside tests, became a focal point, providing insights into the defendant’s walking ability and potential limitations due to injury.

Prosecutorial Strategies When Breathalyzer Evidence is Nonexistent

This case highlights the variety of strategies prosecutors employ when breathalyzer evidence is not available:

  • Focus on Driving Performance: Prosecutors often emphasize a defendant’s driving behavior, appearance, and conduct during sobriety tests. In this case, the Commonwealth aimed to prove impaired operation by focusing on the defendant’s inability to complete field sobriety tests adequately.
  • Utilizing Relevant Video Evidence: Booking videos, when pertinent, offer valuable insights into a defendant’s behavior post-roadside tests. By using the video to assess the defendant’s walking ability and potential injury-related limitations, the prosecution aimed to strengthen its case.
  • Leveraging Juror Perception: Recognizing the impact of juror perception, the judge issued a specific instruction to redirect the jury’s focus away from the absent breathalyzer evidence. This aimed to prevent speculation and ensure that the trial centered on relevant factors, however prosecutors know that even with a corrective instruction that the jury can be persuaded by the lack of a breath test result.

How to Beat a DUI Charge, With or Without a Breathalyzer Test

While the absence of breathalyzer evidence might initially seem advantageous, it’s crucial to understand the myriad strategies prosecutors employ to secure DUI convictions. At the Law Office of Patrick J. Murphy, we recognize the evolving nature of DUI trials and are dedicated to providing our clients with comprehensive legal representation. If you’re facing DUI charges, our experienced team is ready to navigate the complexities of your case. The Massachusetts criminal defense attorneys at the Law Office of Patrick J. Murphy understand how to challenge DUI charges from all possible angles. Contact our office at 617-367-0450 to schedule a free and confidential consultation with one of our lawyers.


Contact Information