Possible Defense Strategies
There are many ways to fight DUI charges in Massachusetts, and our lawyers use every one of them — frequently. At the Massachusetts Criminal Defense Group, we employ the best strategy for your situation.
Call the Massachusetts Criminal Defense Group today at (800) 461-6900. Learn about our 18-point DUI-OUI defense strategy. Free initial consultation.
Improper police stop: To arrest you on suspicion of drunk driving in Massachusetts, a police officer must have a legitimate reason for pulling you over. If the officer didn't have probable cause to stop you or arrested you without first having probable cause, the arrest may be deemed unlawful and any evidence obtained thrown out.
Challenging the field sobriety tests: The National Highway Traffic Safety Administration (NHTSA) is the governmental agency that regulates standardized field sobriety testing across the United States. According to its training manual, improperly administered field sobriety tests do not produce reliable evidence of intoxication.
No baseline for your field sobriety tests: The police officer claimed that you "performed poorly" — or failed — roadside sobriety exams and that this serves as evidence of your impairment. Our DUI defense attorneys will ask, "Poorly — compared to what?" A person's performance on field sobriety tests varies on such factors as balance, age and weight.
Private property: A person who has not driven the motor vehicle on a "public way" should not be charged with drunk driving, unless the property was open to the public. Effective questioning of the law enforcement official is crucial if this issue is present in your case.
Medical problems: If you have problems with your legs, arms, neck, back, ears or eyes, among other things, the results of field sobriety tests will show that you have failed. Moreover, other medical conditions such as diabetes can also affect the validity of Breathalyzer test results.
Breathalyzer test inoperable: Similar to the NHTSA, the manufacturers of breath test devices have specific protocols that must be followed for a test result to be deemed valid. Failure to follow these requirements will result in improper readings and should invalidate the results.
Your blood alcohol content (BAC) rose to .08 percent or higher after you were stopped: If the traffic stop occurred soon after you ingested alcohol, your blood alcohol levels were still rising. This means that your BAC may well have been below .08 percent at the time of the stop even though it tested above that level at the police station or testing center. Only the BAC at the time you were stopped is relevant to the charged offense.
You weren't given two separate tests: Suspects must be provided with two adequate opportunities for breath test samples for the results to be admissible in court. Following completion of the test, the lower of the two test results is deemed to be the result that counts.
Call Us To Learn How To Fight Back Against A Massachusetts OUI Charge
The attorneys at the Massachusetts Criminal Defense Group have earned a reputation as among the most experienced and aggressive when it comes to fighting DUI charges. For a free consultation to learn about how to mount a strong defense strategy, call (800) 461-6900 or complete our online form to get started.