Here in Massachusetts the breath test is administered in the following order.
- You sign a written consent;
- The breath test operator observes you for 15 minutes;
- You blow into the breathalyzer for test #1;
- The breath test operator does a control standard analysis to test the machine’s calibration;
- You blow into the breathalyer for test #2.
- The lower of the two tests will be your breath test result.
The “control standard analysis” is typically done with a gas cylinder containing .08% alcohol. According to 501 CMR 2.11(2), the calibration test must show a result between 0.074% and 0.086% for the actual breath tests to be valid.
Along with your arrest paperwork you should receive a “Period Test Report.” This report will show the results of the calibration test.
If the calibration test did not conform to the CMR standard, your breath test results are likely invalid.
The “Period Test Report” will also contain a number for the breathalyzer used. Using that number you can look up the breathalyzer’s history of calibration tests. It’s arguable that breathalyzers that frequently fail calibration are generally unreliable.