If you’ve been pulled over on suspicion of OUI in the Brockton, Massachusetts area, call a dedicated, experienced OUI attorney. OUI Attorneys network lawyers are available 24 hours per day, 7 days per week to discuss your OUI case and to advise you about the criminal law process and your legal rights.
How a Brockton OUI Lawyer Can Help
An OUI can affect not only your driving privileges but your future as well. Conviction of OUI means you face a criminal record, and depending on the facts of your OUI case, possibly a felony record. The legal system is complex and can be intimidating and it may be difficult for you to know if you should hire an attorney. Hiring an attorney can help you fight for your rights and provide advice and representation based on the facts of your OUI case. You may have a valid defense to your case based on several factors:
The Initial Stop and the Reasonable Suspicion Standard
An officer must have a reasonable suspicion that a crime has been committed in order to stop your vehicle. The suspicion does not have to be that you are operating a vehicle under the influence of alcohol, it can be a reasonable suspicion that any crime has been committed including speeding, failure to stop, or erratic driving, for example. An attorney can help determine if the stop was performed under the legal standard and, if not, you may have a legal defense to your OUI charge.
Field Sobriety Testing
The reliability of field sobriety tests (FST) can be challenged. The three tests typically administered are the horizontal gaze nystagmus, walk-and-turn, and one-leg-stand tests. If it was determined that these tests were not explained or properly performed, you can request the court suppress evidence of the FSTs.
Probable Cause for Arrest
One of the great protections of the United States Constitution is that probable cause must be established before an officer can arrest an individual for a crime. Probable cause is the reasonable belief that a crime was committed. Unless an officer can establish probable cause, the arrest may have been unlawful.
The Chemical Test
Much like the other procedural processes throughout a criminal investigation and arrest, an officer must follow specific guidelines when asking an individual suspected of OUI to submit to a chemical test. A chemical test must be explained to you and law enforcement cannot coerce or force an individual to submit to such testing. Again, if processes were not followed correctly, the evidence or charges against you may be dismissed.
The Dedicated Professionals at the OUI Attorneys are Available to Help You
In addition to providing legal advice about your case and procedural processes, a Brockton area attorney can also help determine if any other legal defenses apply to your case including being wrongly accused. You are able to contact OUI Attorneys 24 hours per day, 7 days per week to talk about your case and discuss how an attorney can help you protect your rights.