There are many problems with OUI investigations in Massachusetts, and as dedicated OUI attorney, we are set on ensuring that each of our clients is able to navigate the court process in a way that ensures that their rights are upheld regardless of the initial arrest that led to their OUI (Operating under the Influence) charges. In many cases, there are problems with the arrest and investigation that may render the charges invalid, and it is our duty to ensure that the charges and final ruling accurately represent and account for every step of the entire process.
Read more below about some problems with OUI investigations in Massachusetts, and contact us now to schedule an initial consultation where we will be able to discuss your arrest in greater detail. You may not realize through the stress of your arrest and the fear of what is to come that there is a major issue in your arrest, and that we will be able to build a strong defense around this issue that will result in favorable outcomes for your trial.
Roadside Sobriety Tests Are Very Subjective
The biggest issue with a field sobriety test is that it is completely subjective, and there are no “pass/fail” criteria beyond the judgment of the officer at the scene. Since there is no way to completely control for the many different variables present during these exams, it is important that we present the findings as what they are: a judgment call that the officer made with limited information available.
For instance, a field sobriety test takes place on the side of a road, and the person who is taking the test is likely experiencing high levels of anxiety and stress because of the interaction they are having with the police officer. This stress can cause serious impacts on their performance, and can ultimately create a situation where they look like they have less control over their physical and mental faculties than they actually do.
Additionally, the results of a field sobriety test do not take into account any other distractions, or the conditions that the test was being taken in. This can include things like rain or other adverse weather, the distraction of many cars traveling by, and even the flashing lights from the police cruiser.
Finally, one of the most important things that we will need to explore while determining the validity of your field sobriety test is your physical condition. Many people have medical conditions that can impact their ability to manage their balance or coordination, but these issues are still entirely up to the officer to interpret and factor into the performance of the test.
If there are any red flags that we find related to your field sobriety test, we will fight to have the entire test removed from the evidence so that it will not negatively impact your trial.
Breath Tests Are Not Always Accurate
The breathalyzer is ubiquitous with sobriety checks, and for good reason — they are one of the default tools that an officer will use in order to confirm their suspicions that an individual is under the influence of alcohol. However, the breathalyzer can be wildly inaccurate depending on a variety of conditions that may or may not be present during your traffic stop, meaning that the results can not be used during your trial. These results are only intended to give an officer probable cause for your arrest.
During a case, a judge or jury can be swayed by a factor such as a high BAC or other information, regardless of how accurate this information is, and regardless of how much more information is present to paint the entire picture. However, refusing to take a breath test will result in an automatic suspension of your license, an agreement that you made with the Registry of Motor Vehicles when you signed your driver’s license.
There is no “best practice” that we can suggest for either taking or refusing a breath test during a roadside stop, but we will fight to minimize the impact of either decision that you make. If you have refused to take a breath test, then we will act quickly to file for a suspension appeal and have your license reinstated through the duration of your case. If you took and failed a breath test, then we will make sure that it is inadmissible in your trial so that we can focus on more accurate, tangible evidence.
Contact Us Now
While there are a few simple problems that are fairly common in OUI arrests in Massachusetts, it is our job as your defense team to explore every detail of your traffic stop and arrest and identify every possible problem with the case. With each problem we identify, there is a better chance that we will be able to make the argument that your arrest was unfair or violated your Constitutional rights, and will get us towards a more favorable outcome.