Some people in Massachusetts get arrested for operating under the influence (OUI) because they demonstrated poor driving skills in front of a police officer. Others may have been in the wrong place at the wrong time. A police officer might pull you over if you drive past a popular bar or venue because they think that you just left that business and have had something to drink.
Unfortunately, even drivers to know they were not under the influence might find themselves accused of an OUI offense after a traffic stop. What are some of the ways that a driver might defend against an OUI charge?
They find a way to challenge the evidence
Sometimes, a police officer initiates a traffic stop without actually having probable cause to do so. An officer should suspect a primary traffic infraction, such as intoxication or speeding, if they decide to pull someone over. A traffic stop conducted without probable cause could constitute a violation of someone’s rights, meaning that the courts won’t consider the evidence gathered during that traffic stop.
Even if the traffic stop was perfectly legal, a driver could still challenge the evidence against them. They might present medical records that explain why they performed poorly on a field sobriety test or failed a chemical breath test. They might also call into question how the officer administered the test or the maintenance and calibration of the breath test unit.
Challenging the accuracy and the results of breath tests can be a successful strategy if there isn’t any other compelling evidence to show that a driver had alcohol in their system. By undermining or excluding the evidence, a driver can create a reasonable doubt about their alleged chemical impairment.
Giving up and pleading guilty is not the right approach
Even those absolutely sure of their own innocence may feel hopeless in the face of a Massachusetts prosecutor’s decision to charge them with an OUI. Although many people think it is impossible to fight an OUI charge, it is more common to do so than you might imagine.
Challenging an arrest made on faulty assumptions or bad science could protect your freedom, your finances and even your professional future. Exploring your options for your defense after an OUI arrest will lead to more informed decisions.
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