Defending Against Drunk Driving Charges: Common Legal Strategies in Massachusetts
Introduction
Facing drunk driving charges can be a daunting experience, especially in Massachusetts where strict laws and penalties are in place to deter individuals from driving under the influence. If you find yourself in this situation, it’s crucial to understand the legal strategies available to you. In this comprehensive guide, we’ll explore the common legal strategies used by criminal defense attorneys in Massachusetts to help you fight drunk driving charges and protect your rights.
This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162. I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Twenty-Five (25) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Eighty Percent (80%) of my trials.*
Challenging the Traffic Stop
The first line of defense in a drunk driving case often involves examining the legality of the traffic stop. If the police officer lacked reasonable suspicion to pull you over, any evidence collected afterward might be deemed inadmissible in court. Attorneys meticulously review dashcam footage, officer testimony, and the circumstances leading to the stop to identify any violations of your Fourth Amendment rights.
Questioning Field Sobriety Tests
Field sobriety tests, such as the Walk and Turn, One-Leg Stand, and Horizontal Gaze Nystagmus, are commonly used by law enforcement to assess impairment. However, these tests are subjective and can be influenced by various factors like fatigue, medical conditions, or nervousness. A skilled defense attorney will scrutinize the administration of these tests and challenge their accuracy.
Contesting Breathalyzer Results
Breathalyzer results are key pieces of evidence in DUI cases, but they’re not infallible. Your attorney can challenge the reliability of the Breathalyzer machine by examining maintenance records, calibration logs, and operator training records. If any irregularities are found, the accuracy of the results can be called into question.
Exploring Blood Test Procedures
In cases where blood tests are conducted, proper handling and chain of custody are critical. An attorney may investigate whether the blood sample was contaminated, mishandled, or improperly stored, potentially leading to the exclusion of blood test evidence.
Establishing Rising Blood Alcohol Levels
A rising blood alcohol concentration (BAC) defense argues that you were not over the legal limit while driving, but your BAC increased between the time you were pulled over and the time the test was administered. This can occur if you consumed alcohol just before or during driving, leading to inaccurate BAC readings.
Presenting Medical Conditions and Prescription Medications
Certain medical conditions and prescription medications can mimic the effects of intoxication. Your attorney can consult with medical experts to demonstrate that your behavior or appearance was due to a medical condition or medication side effects, not alcohol impairment.
Unreliable Witnesses and Inconsistent Testimonies
In some cases, witness testimonies may be unreliable or inconsistent. An experienced attorney can cross-examine witnesses and exploit inconsistencies to create reasonable doubt about your guilt.
Conclusion
Fighting against drunk driving charges in Massachusetts requires a strategic and well-prepared defense. By partnering with a skilled criminal defense attorney, you can leverage these common legal strategies to challenge the evidence against you, protect your rights, and potentially achieve a favorable outcome in your case. Remember, each case is unique, so consulting with an attorney who specializes in drunk driving cases is crucial to tailoring the best defense strategy for your specific situation. With the right approach and a strong legal defense, you can navigate the complexities of the legal system and work towards the best possible resolution.
If you have been charged with Operating Under the Influence (OUI, DUI, DWI or “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162.