OUI/DUI DEFENSE 

If you've been arrested and charged for an OUI in Boston, Worcester, Springfield, or on the North Shore or South Shore/South Coast of Massachusetts, you're probably scared and confused.  You need a DUI lawyer who will protect your rights, who will make sure that you are treated fairly, and who can get your case dismissed or have your charges greatly reduced.  After all, you have probably been charged with a series of crimes - along with having your driver's license suspended - which have serious outcomes. 

Throughout the process, however, never forget that it is the District Attorney's duty to attempt to prove you guilty beyond a reasonable doubt; it is not your job to prove your innocence. 

An Aggressive Defense Is Your Best Strategy 

You may feel that failing your field sobriety or breathalyzer tests is solid evidence that guarantees that you'll be handed down a guilty verdict.  However, that is hardly the case.  Challenging the test results themselves is only one of the many ways to challenge evidence in a DUI case. 

Probable cause, police procedures, testing equipment, and police testimony all require careful examination.  Once our DUI Defense Attorneys establish that police mistakes were made - or that inconsistencies exist - our chances of getting your case dismissed, or greatly reduced, increase dramatically. 

Our Top-12
Drunk Driving Defense Tactics 

There are several defense tactics that our DUI Defense Attorneys can utilize to get your case dismissed or lessen the severity of your charges.  Each of these defenses weakens the District Attorney's case against you.

1. Were you legally stopped in the first place?  In Massachusetts, the police can't just pull you over without a valid reason.  The officer must have a reasonable basis for the stop, and it must be more than him or her seeing you weave within your own lane.
    
2. Non-Alcohol Factors:  Most OUI cases start with a Massachusetts police officer noticing a driving problem - weaving between lanes, driving too slow/fast, etc.  Officers most often attribute such driving problems to the driver's drunken status, but we can often prove how none relate to impaired driving.

3. Officer Testimony:  Does the arresting police officer have a history of disciplinary problems or character-related issues that would affect his or her credibility with the Judge or jury?  Does the officer still work for the same department?  Is his or her credibility something that may work in your favor?

4. Did the officer state that he or she smelled alcohol on your breath?  The odor of alcohol alone does not constitute an OUI/DUI arrest in Massachusetts.  Non-alcoholic beer is known to smell identical to alcoholic beer, and alcohol alone has no smell.

5. Field Sobriety Test:  Even healthy, sober adults, can fail walking and standing tests a good one-third of the time.  Medical problems, being elderly or even being overweight can contribute to somebody failing the test.
    
6. Improperly Administered Field Sobriety Tests:  Most officers do not administer the tests in accordance with the guidelines and standards established by NHTSA.  Deviations from these standards by the officer should be exposed as part of your DUI defense.
      
7. Videotape Evidence:  Law enforcement agencies often tape the scene of the arrest or the police station booking process.  These videos may show how your condition at the time of the arrest is less severe than as testified by the District Attorney.  Additionally, tapes may show that the officer made numerous mistakes in administering the different tests.

8. Breathalzyer or Breath Tests:  They're inaccurate and most experts agree that they are unreliable standing on their own.  If the operator of the test is unlicensed or their license has expired, the test result should be considered inadmissible.  Additionally, if the machine is malfunctioning, not calibrated, improperly calibrated, or not approved, the results should be rendered inadmissible. 

Listen to our DUI Defense Attorneys emphasize the unreliability of the breathalyzer here. 

9. Your Diet:  Were you on a low-carbohydrate or other restrictive-type diet?  High protein diets or fasting-type diets are known to cause issues that can interfere with breath results.
    
10. Medical Defenses:  With our specialized knowledge about physics, chemistry, biology, anatomy, toxicology, pharmacology and how these scientific disciplines interrelate, our DUI Defense Attorneys are also well-versed on the medical defenses that win cases. Certain conditions can affect the accuracy of breathalyzer tests and the accuracy of field sobriety exercises.   Some of the more basic examples include heart disease, diabetes, pre-existing injuries to your back or legs, gum disease, faulty bridge work, heartburn, dentures, or even traces of attention deficit disorder.
     
11. Women and Breath Tests:  Our DUI Defense Attorneys will also tell you how men and women absorb alcohol differently, and how women reach a higher blood-alcohol content (BAC) faster because they have less water in their bodies and more fat, which is not easily penetrated by alcohol.  Therefore, a man and woman, with all other factors being equal, both drinking the same amount of alcohol, will have different BAC levels.  The woman's will be higher.  It does not help that field sobriety testing and chemical testing are not developed for women.  Breath testing machines are not designed to accurately test a woman's blood alcohol level.  The breathalyzer was designed for an average man's lung capacity, which is obviously much different than that of a woman's. This causes the breathalyzer to read at a higher level, making the test inaccurate in determining a woman's blood alcohol level. These are all effective defense arguments that our DUI Defense Attorneys can use to represent your best interests.
     
12. Plea Bargaining:  If you can't completely beat your case by getting your charges dismissed, we're advocates for reducing your charge and penalties through plea bargaining.  This is an agreement between you and the Commonwealth of Massachusetts (through the District Attorney's Office) whereas charges are diminished in exchange for your accepting a lesser charge and sentence.  

Whether you are a First Time Offender or a Repeat Offender, our legal team aggressively defends you and highlights the most favorable points in order to get your case dismissed or greatly reduced.

Defending OUI/DUI Cases Is Our Focus -
And We Focus on Winning!