After being arrested for a DUI or OUI you might believe that you have no hope to fight these charges and resign yourself to defeat. However, this is not the case. Hiring skilled legal representation immediately can help you beat a DUI charge. If convicted, a DUI or OUI charge pack some serious consequences, so it is crucial to do what you can to protect your rights and fight for your future.
Remember, breathalyzer results and blood or urine tests are not infallible, so there is no reason to believe you have no chance at beating the allegations you are facing.
The Traffic Stop
Why did the arresting officer pull you over in the first place? To pull you over and subject you to questioning and tests, police must have a legitimate and specific reason or it will call the legality of it into question. If the officer that pulled you over did not have a justifiable reason to do so, such as a violation of a traffic law, or erratic and dangerous driving, the evidence acquired from the stop could potentially be thrown out.
Operating a Motor Vehicle
Were you operating a motor vehicle in the first place? Whether or not you were intoxicated will not matter if it cannot be proven that you were not operating a car at the time of your arrest. For example, if you were simply found intoxicated near a car, but you were not seen driving it and there is no proof that you operated it any point while you were intoxicated, you might very well beat your DUI. It is not against the law to be drunk near a car, after all, so long as you never operate it.
The Breath Test is Invalid
For the results of a breathalyzer test to be valid at your trial, certain procedures must be followed and prosecution must be able to prove it, which tends to require witnesses. When challenged, sometimes the prosecution team is unable to successfully prove that the necessary procedures were followed, thus resulting in a not guilty verdict.
The BAC is Inaccurate
A breathalyzer is a machine and, like most machines, the results it provides are not always right. In fact, there are a vast number of reasons why the results of a breathalyzer test could be called into question. There might be a problem with the machine itself, it might not have been properly calibrated, or you might have even rinsed your mouth with mouthwash and the breathalyzer detected the alcohol content in it. Whatever the reason, it would be foolish to assume that the breath test is always right, which is why defense attorneys often hire experts to figure out if the results are reliable.
OUI & DUI Defense Attorney in Quincy
If you are facing DUI or OUI charges in Massachusetts, now is the time to obtain the skilled legal representation you need to get you through this difficult time. At Flanagan & Associates, our criminal defense attorney has the extensive knowledge and experience necessary to effectively fight for your rights and freedom against these serious charges. Contact us today.
Do not risk losing your license. Call our office at (781) 332-4344 to request your free case evaluation.