Massachusetts OUI Defenses
One of the most important things to remember about your pending operating under the influence case is that you are innocent until proven guilty. With the right OUI defense attorney representing your case, you stand a good chance of winning your case in court. While it may seem difficult to defend an OUI case, just remember that a qualified attorney that specializes in OUI defense has many options to refute the prosecution’s evidence.
First, let’s start with how and why your vehicle was stopped by police. Before police even pull your vehicle over, they need probable cause. This means that they must have witnessed you breaking the law in some way (usually a traffic violation such as speeding). If you weren’t doing anything wrong, then you shouldn’t have been stopped. The officer must have also had a legal reason to detain and arrest you. And speaking of your arrest, the officer must have read you your Miranda rights and the Implied Consent Notice, warning you of enhanced penalties should you have refused to submit to a chemical test.
If you did submit to a breath or blood test there are many things that can go wrong. For example, was the officer trained on how to use this breath test machine? Was this machine working properly at the time you were tested? If you were given a urine or blood test, were you taken care of by qualified medical personnel? The machines must have also been calibrated and maintained properly to ensure your sample wasn’t tainted.
Another defense for your case may rely on your field sobriety test results. For example, if you were given the One Leg Stand test, which is a test of balance on a slippery hill, this can affect how you performed on the test. Officers must ensure that certain conditions are right in order to request a field sobriety test. If you are over 65, more than 50 pounds overweight or have a physical disability you cannot be expected of asked to perform such testing.
While these are just a sampling of the types of defenses, you should speak with your attorney to go over the facts and possible defense pertinent to your OUI case.
Have a DUI/DWI/OUI related question? Stephen L. Jones is available 24-hours a day. Please call: (617) 851-7153