A person who is suspected of operating under the influence (OUI) of drugs or alcohol on Cape Cod will probably be given a breathalyzer test at some point following his or her detention by police. Under Massachusetts law, there is a 15-minute waiting period prior to the administration of the test.
The purpose of the waiting period is to ensure that the defendant has not brought something into his or her mouth (such as food, drink, or a regurgitated substance resulting from a burp or hiccough) that would contaminate the breath sample or compromise the accuracy of the test. When this waiting period is not strictly respected, the defendant may have an argument that the test results should be suppressed and not used as evidence against him or her at trial. However, this argument will not prevail in every Massachusetts OUI case, since the resolution of such matters is very fact-specific.
Facts of the Case