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What Role Does Evidence Have to Do with an OUI Allegation?

Posted on : July 10, 2019

Innocent Until Proven Guilty

Evidence must be presented clearly in court. There are protocols and processes in place for evidence that must also be followed from the inception of your arrest, all the way through to booking.  When these steps are not taken in the proper order, it is possible that however strong you may believe a case is against you, the evidence does not hold water legally in the face of the court.

Law enforcement has a defined system and processes in place that takes precedence during a suspected OUI.  Should an officer suspect that you are operating a motor vehicle under the influence, there will be specific protocols in place for assessing the stop, administering a sobriety test and of course, documentation.  All of the steps involved in your arrest and processing are also areas that your OUI attorney will inspect and investigate to ensure that your rights were not violated in any way during the course of your arrest.

Kinds of Evidence in an OUI Case

Evidence refers to any means through which alleged facts have been submitted to investigation, could be either disproved or established. The evidence from one case to another can look different and will affect the outcomes of cases. Evidence of OUI violations include:

  • Judicial notice of the accuracy of the breath test device when appropriate procedures have been followed.
  • Visible, audible or other tangible evidence, such as an empty can of beer in the car.
  • Demonstrations performed in the courtroom like a failed sobriety test.
  • The officer’s verbal description and other testimony.
  • Written manner of documentation such as the alcohol influence report, a drug evaluation report, and the citation itself.

Protect Yourself

An experienced Criminal Defense Attorney can comb you through every element of your case in order to find areas that they may be able to challenge. Facing an OUI allegation in Massachusetts is not one-size-fits-all, your case and the circumstances surrounding your arrest must be handled in a manner specific to your situation.

When you have a prior history of OUI on your arrest record, your case faces additional challenges. Your charges may be compounded by the fact that you have a previous OUI arrest. The latter makes it necessary for you to get ahead of your charges by consulting with a career defense attorney with extensive OUI experience and knowledge of the law and court system.  For immediate help, contact Adams & Kokonowki today.

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