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Home / Opinion Digests / Criminal – DUI – Breath Test Availability (access required)

Criminal – DUI – Breath Test Availability (access required)

Where defendant has been charged with DUI, and the commonwealth's only evidence regarding the unavailability of a breath test for defendant were hearsay statements of the arresting officer concerning the unavailability of the breath test, the blood test results are inadmissible. Failure to show unavailability mandates dismissal of the case, even though the evidence, exclusive of ...

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