On the bright side however, currently breathalyzers are a no go in court.
With a CUI charge though, it's "good luck with that". The one case I am familiar with consisted of someone getting a CWOF despite the fact that his attorney more or less demonstrated that the context of the entire LE interaction was dubious at best, from a 4A standpoint, and for a moment it looked like the judge was almost going to tell them to f*** off (he was not impressed with how the "investigation" was conducted) then it got dragged out and someone "got to" the judge... and then when it lapped around, he more or less was forced to suck for a CWOF and probation. A jury probably would have let him off, but that's likely an additional large 5 digit sum of money and extra months of bullshit to make that happen rather than getting off cheap and letting it go away.
MA courts suck so bad WRT getting accused of anything that an outright dismissal is rare unless we're talking some kind of traffic violation etc. A friend of mine got "accused" by some douche in a road rage case and that piece of garbage and her lawyer dragged the case out for almost a year, and all he really did was swear at her through the window of his car as he drove away. Of course said stupid broad claims he hit her and this or that, despite witnesses claiming otherwise, but when the dust settled he still had to eat a CWOF and probation, because of the shit prosecutorial attitude in this state that if the "state brings charges it must be at least partially justified" etc, the whole thing is basically a f***ing clown show, especially if its a bench trial.
The only way to beat the system in MA is to have enough wealth or connections that you can prevent the case from really going anywhere. Few people can bring that level of "heat" in this state. Otherwise the next best alternative is to stay the f*** out of the jaws of the system, because once you're in, it's basically a
pit with a rape-prone silverback gorilla hopped up on meth bouncing around in it. And the longer you're trapped in that pit, the more rape that will occur. Most people end up taking the cwof rope ladder when it falls down, and most can't afford the required titanium anus protection belt to deal with a full bore trial, etc.
The best part of the whole system is even if you are innocent and you prove the state's case was f***ing garbage, you don't get back a f***ing dime.
IMHO a jury trial option on the verdict sheet should allow the jury to decide whether or not someone was maliciously prosecuted or not, and in turn punch the prosecutor/state straight in the rectum. Or even if it doesn't trigger an immediate verdict of that, it should trigger another trial of the state's actions, to be examined by another jury.... This would cause these types of trash cases submitted to plummet. We should live in a society where prosecutiorial discretion is frequently used to dump cases at a rapid clip that lack merit, especially when it's not a crime that involves theft or bodily harm to another.
ETA: Just to qualify... when I used the terms "cheap" above, I mean this sarcastically as "thousands of dollars" instead of "many, or many many thousands of dollars".....
-Mike