When you are facing criminal charges involving operating a motor vehicle while under the influence of drugs or alcohol, it can be an overwhelming situation. You know that a strong defense is crucial to your future, but you may not be sure about how to take the first steps of that process. The right defense strategy for you depends on the details of your individual situation and your future objectives.
There is no one-size-fits-all drunk driving defense strategy. A thorough assessment of your case can help you see what you need to do to protect your future interests. Massachusetts laws take a strong stance against drunk driving offenders, and prosecutors will often seek maximum penalties. Thankfully, a smart defensive strategy can help you effectively confront these charges.
Various defense strategies
Your case is unique, and your plan for your defense should be unique to you based on factors that include your criminal history, your BAC at the time of your arrest and more. While every case is different, some of the most commonly employed defensive strategies include:
- The original traffic stop was improper. Without legal grounds to pull a driver over, any evidence collected from this interaction may be inadmissible and invalid.
- There were problems with the Breathalyzer test. When police do not use it correctly or properly maintain it, it can skew the results and lead to an unnecessary arrest.
- There were problems with the field sobriety tests administered by the police. These are the initial tests given to determine if a chemical test is necessary, and police must give them in a certain way.
- Law enforcement mishandled a chemical sample after collecting it. This can affect test results and raise the question of possible tampering.
These are only a few of the OUI defense options available to you. If you are facing the possibility of time behind bars, expensive fines and loss of your driving privileges because of drunk driving, a conviction or guilty plea is never your only option.
Start your defense planning now
You can start working on your defense strategy as soon as possible after an arrest. It is in your interests to reach out to an experienced defense attorney as soon as possible to learn more about the options available to you. While the charges against you are serious, you do not have to face them alone.