No matter the circumstance, facing OUI charges can be an overwhelming experience. If your blood alcohol content (BAC) is found to be .08 percent or higher, you may end up with a DUI conviction. Massachusetts has strict laws when it comes to driving under the influence of drugs or alcohol, and even a first-offense OUI can mean serious consequences. When facing drunk driving charges, you need to remember two things. First, do not plead guilty, and second, get an attorney. Consider Nate Amendola Defense to get a quick review of your case. In this post, we are discussing common OUI defenses in Massachusetts.
- There was no probable cause. If the police asked you to pull over without probable cause, the evidence might be inadmissible. There are a few exceptions to the probable cause rule, and depending on the situation, your lawyer can guide you on whether this could be your defense.
- You were not informed of your Miranda rights. If you were not given an overview of your Miranda when being questioned or taken into police custody, your statement could not be used against you in court.
- The police officer didn’t adhere to the procedures. If the police officer didn’t comply with the manual required for OUI investigations, this could be your line of defense. For example, if the officer didn’t warn you that refusing the breath test could result in license suspension, your lawyer can prove that the results are inadmissible.
- The breath test results are not accurate. The truth is breath tests are not always reliable, and if the police officer didn’t follow the rules when taking the test, the results are usually not admissible in court. There are also other issues like faulty machines. A considerable number of OUI cases are dismissed for machine-related errors alone.
Call an OUI defense attorney
You need an expert who can defend the charges. The good news is most OUI defense attorneys work at an hourly rate, and the top law firms will be happy to give you a detailed overview of your legal options. Make sure that you select the right lawyer for your case, and don’t forget to share all relevant details. Your lawyer may use any of the above defenses or devise a strategy based on the circumstances of your case. Each OUI case is unique, and you shouldn’t say anything unless you have talked to your attorney. Going to trial may not be a bad idea either.