You have been arrested for DUI in Massachusetts. Your first question is can I win my case, what should I do? In this page, I have attempted to explain some of the defenses to your case, teach you the different factors that a police officer is trained to look for when determining that someone is operating under the influence of alcohol.

If you are tired of reading or have direct questions, you can call me on my cell phone at 781-686-5924. If you have your police report you may fax it to me or if you would like assist reading it you can click on this link.

In some cases a legal defense, can result in an OUI charge being dismissed. Recent Case Result illustrating how a legal defense can result in a DUI charge being dismissed:

Client charged with a Second Offense OUI. I filed a motion to suppress challenging the legal basis of the officer to stop and seize my client under the Fourth Amendment to the United States Constitution. After a hearing, the district court judge found that the officer acted unlawfully in seizing my client and suppressed all evidence that was from the unlawful stop, resulting in the case being dismissed. The client had his Second Offense DUI dismissed despite admissions that he drank seven to eight beers and evidence of erratic driving.

Challenging the observations of the officer regarding your driving: An OUI/DUI/DWI charge in Massachusetts generally beings with a police officer stopping your car for an alleged traffic violation. Your first line of defense in an OUI/DUI case is to challenge the basis of the stop.

The arresting officer will generally observe a traffic infraction and state that as the basis for your car being stopped. Common traffic violations that officers use to justify OUI stops are:

• Weaving
• crossing the center line
• crossing the fog line
• turning too wide
• almost striking an object
• driving below the speed limit.

Speeding and DUI: Speeding is not a clue of a driver under the influence according to the DUI Detection Manual published by the National Highway Traffic Safety Administration. Accordingly, if speeding was one or the only basis of the stop, it is not a sign of being under the influence of alcohol.

DUI Defenses to the stop: Sometimes OUI/DUI cases can be defended as the officer did not have a legitimate basis to stop your car. The Fourth Amendment to the United States Constitution as well as Article 14 of the Massachusetts State Constitution requires an officer to have reasonable suspicion that a criminal offense or traffic violation is occurring before an officer is permitted to pull your car over to the side of the road. Massachusetts law allows a Massachusetts DUI lawyer to file a motion to challenge the legal basis for the stop prior to trial; even if this motion is denied, the opportunity to cross examine the officer prior to trial provides a valuable opportunity to minimize the significance of the traffic infraction that the officer claimed to observe.

Common Driving Observations in police reports: Many police reports state that a motorist crossed the double yellow line or hit the fog line, there is no requirement in the law that motorists drive perfectly straight down the road. In fact, it is common for people driving to touch the yellow line or the fog line and correct their steering. There are a number of reasons, including road conditions, weather conditions and momentary lapses of attention as a result of cell phones, the radio or other distractions while driving. Being distracted while driving, for any number of reasons, does not equate to being under the influence of alcohol. One important method in developing a strong Massachusetts DUI Defense is to find a theory that minimizes the driving infraction. Police officers often overstate, embellish and exaggerate the driving violations so let an experienced Massachusetts DUI lawyer review your case and explain to you how to prepare a defense. Call 508-455-4755 or 781-686-5924 to discuss your case.

Signal to Stop: When the police put their blue lights on to stop your car, they are paying careful attention to how you pull over. Many reports make no mention of difficulty pulling over. In those cases, the police report provides strong evidence of normal and safe driving as police are trained that drunk driving have difficulty pulling over safely when police activate their emergency lights.

Call today at 781-686-5924 or 508-455-4755 to discuss your case and here how these defense apply to your case