OUI/DUI DEFENSES

In order to pull over a driver in Massachusetts, a law enforcement officer must have a reasonable suspicion that a law has been broken.  If he or she suspects a driver has been under the influence of alcohol or drugs, the officer may administer a field sobriety test according to a set, standard procedure.

Next, if probable cause has been established to administer a Breath Test, said test must be administered on a machine which has been properly calibrated and maintained.  Failure to follow proper protocol at any stage in the DUI court process can provide an opportune defense and the case may be dismissed entirely.

In determining whether or not we can get your case dismissed, or in the alternative get the District Attorney to offer a plea bargain whereas charges are greatly reduced, we depend on a number of factors:

• Was there was an illegal stop of a person or vehicle?
  
  
• Were there inaccuracies related to the field sobriety testing?
  
  
• Was your Breathalyzer test properly administered?
  
  
• Was the arresting officer properly trained?
  

Possible Defense Strategies

1.  Improper Police Stop:  In order to arrest someone for drunk driving in Massachusetts, the 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.  In cases involving unlawful police stops, any evidence collected after the stop will be suppressed, including Breathalyzer or Field Sobriety Test results.  Without this evidence it will be difficult, if not impossible, to convict a person of a Massachusetts OUI/DUI and the case will likely be dismissed. 

2.  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.

3.  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 their own training manual, improperly administered Field Sobriety Tests do not produce reliable evidence of intoxication.  NHTSA does not endorse non-standardized field sobriety tests such as reciting the alphabet, counting backwards, or picking up an object.  This means there is no scientific foundation for the police officer to justify giving you his or her "own test" or that your performance automatically translates into your presumed intoxication.

4.  Medical Problems:  If you have problems with 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.

5.  No Baseline for your Field Sobriety Tests:  If the police officer claimed that you "performed poorly" - or failed - roadside sobriety exams, this serves as evidence of your impairment.  Our DUI Defense Attorneys will as, "Poorly - compared to what?"  No different than running a race or an exercise regimen, people perform at different levels.  A person's performance on Field Sobriety Tests varies on such factors as:

• Natural level of balance
  
  
• Fitness level
  
  
• Pending medical conditions (foot & knee problems)
  
   
• Age
  
  
• Weight
  

6.  Breathalyzer Test Inoperable:  Similar to the NHTSA, the manufacturers of breath test devices have specific protocols which must be followed for a test result to be deemed valid.  Failure to follow these requirements will result in improper readings, and should invalidate said result.

7.  Your Blood Alcohol Content (BAC) Rose to .08% 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% 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.  Therefore, in a situation such as this, your DUI Defense Attorney should examine the timing carefully in order to show your BAC was below the legal limit at the time of the traffic stop.

8.  You Weren't Given Two Separate Tests:  Suspects must be provided with two adequate opportunities for breath test samples in order for said results to be admissible in court.  The requirement is such that the two samples must be within .02% of each other.  Following the completion of the test, the lower of the two test results is deemed to be the result that counts.

As you can see, OUI/DUI cases are rarely helpless.  Convictions are almost never inevitable.  Clients retain the DUI Defense Attorneys for one reason:  they want to fight their case, and win!