Commonwealth v. Steele

The defendant is charged with operating a motor vehicle while under the influence of intoxicating liquor (OUI) in violation of G. L. c. 90, § 24 (1) (a) (1), and operating a motor vehicle with a suspended license, subsequent offense, in violation of G. L. c. 90, § 23. The charges arose from his arrest on February 29, 2008, after which he consented to a breathalyzer test. The results, as automatically generated by the breathalyzer machine and reported on an “implied consent report form,” showed a breath sample having a blood alcohol level of .09 per cent at 4:14 a.m.; a calibration standard…