Depending on a person’s size/weight, humans are fairly consistent as to what degree their alcohol content registers on a breathalyzer machine. Generally, every 12 ounce beer, 4 ounces of wine or 1.5 ounces of alcohol registers a .02. That number is naturally eliminated from our body every hour i.e. we drop back to zero.

Therefore, if you are stopped by the police for suspicion of OUI, it should not always be presumed that you should refuse a breathalyzer test. if you only consumed one or two drinks over an hour or two, your blood alcohol content may only be .02 or .03. Since we are permitted in Massachusetts to drink alcohol and operate a motor vehicle (to a degree), the Legislature has declared that anyone who has a blood alcohol content of .00-.05, is PRESUMED NOT GUILTY.

So, if you can do the math after having been stopped, you may want to take the test. A low reading will prove your innocence and save you a 6 month suspension from the Registry. If you can’t do the math, you may wish to refuse to give up incriminating evidence against yourself. You may also call me anytime at 508-243-4877 to help you to make the best informed decision under the circumstances. Doug Stoddart.