Being arrested for a drunk-driving offense is a frightening and overwhelming experience. The first thing you should know right now is that fighting your OUI charge is entirely possible. While the police may have obtained evidence that seems official, in the form of field sobriety and breath testing, the fact is that OUI is a complicated science—one that many officers and prosecutors aren't familiar with.
There are a number of problems that can occur during the course of an OUI arrest. The following are just a few of the potential defenses that can be used to challenge your drunk-driving charge.
The Fourth Amendment was written to protect citizens, even those suspected of a crime, against unreasonable search, seizure and detainment. If you were pulled over or arrested without probable cause—that is, proof that a crime was or is being committed—any evidence obtained may be deemed inadmissible and your charges thrown out.
The National Highway Traffic Safety Administration (NHTSA) developed guidelines for the walk-and-turn, one-leg stand and horizontal gaze nystagmus tests to ensure consistent administration. If your attorney finds that the arresting officer improperly administered or scored your field sobriety tests, he or she can file a motion to have them suppressed or challenge them in court.
Broken equipment, medical conditions, mouth alcohol—these are just a few of the things that can affect your blood alcohol content (BAC) reading. Unfortunately, your results can be used against you by the prosecution, so it's important that a proper investigation is conducted to determine if any extenuating circumstances could have inflated your BAC.
With over 1,000 successful cases under his belt, attorney Stephen L. Jones is known throughout the Massachusetts legal community for his expertise in OUI law—in fact, he is one of only a few attorneys nationwide who are board-certified in DUI defense. Mr. Jones has been named a Super Lawyer in the DUI Defense category and has written a definitive book on the subject.
Attorney Jones serves as one of the regents—along with only ten of his peers—for the National College of DUI Defense, as well as Dean for this prestigious organization. He also holds the role of Vice-Chairman of the DUI Committee of the National Association of Criminal Defense Lawyers and sits on the Board of Directors of the Massachusetts Association of Criminal Defense Lawyers.
Attorney Jones is the author of Drunk-Driving Defense – Massachusetts Practice Series, a book which is highly referenced by other defense lawyers. Because of his experience and credentials, he has also been invited to appear on the Today Show, Fox News and MSNBC.
An OUI arrest doesn't have to result in a conviction; especially when you're working with an attorney who has been trained on every possible defense strategy. To learn how Mr. Jones can help with your case, complete our online form now to schedule a free analysis of your charges.