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What Are 4 Ways I Can Fight an OUI Charge in Massachusetts?

Posted on : September 30, 2020
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OUI Defenses In Massachusetts

If you were charged with operating under the influence of drugs or alcohol (OUI) in Massachusetts, you may be facing very serious criminal penalties if convicted. You may think the police have a slam-dunk case, but here are four proven defense strategies an attorney can use to help you fight the charges against you.  

1. The Police Can’t Prove the Alleged Drug You Were Under the Influence Of 

If you are in the clear for drunk driving but the police suspect you are intoxicated by another substance, they are likely to continue with the arrest. However, they may not be able to prove for certain what drug you were allegedly under the influence of at the time of your arrest. 

For example, the police may suggest you were on cocaine or methamphetamine because your eyes were dilated and you seemed nervous. There are many other reasons for these behaviors, including the very act of being pulled over.

2. There’s Not Enough Evidence to Convict You 

If you did not submit to a breathalyzer or a field sobriety test, there may be no other evidence against you besides the testimony of the officer or officers who were at the scene. Your criminal defense lawyer may be able to argue that there simply isn’t enough evidence available to prove without a doubt that you were operating your vehicle under the influence of drugs or alcohol. 

3. The Officer Who Evaluated You Was Not a Drug Recognition Expert (DRE) 

If the officer who conducted your testing at the scene of the traffic stop was not a Drug Recognition Expert (DRE), you may be able to argue that they were not qualified to determine whether or not you were under the influence of a particular drug. 

Even if the officer was a DRE, the training they receive and the guidelines used to allegedly “prove” that someone is on a substance is questionable at best. 

4. The Prosecution Is Attempting to Use Field Sobriety Tests to Prove Your Degree of Impairment 

Field sobriety tests were designed for detecting whether or not a person is under the influence of alcohol and cannot be applied in the same way if an officer suspects OUI of drugs. Furthermore, field sobriety testing itself is faulty and rarely accurate. 

When to Contact a Massachusetts OUI Defense Attorney 

If you were arrested for drunk or drugged driving in Massachusetts, don’t wait to get legal help. Kokonowski & Kokonowski, LLC can provide you with comprehensive and zealous legal support after being charged with OUI. Call now at 413.737.9700.  

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