Woburn 2nd Offense OUI Lawyer

Woburn Second Offense OUI Lawyer

Attorney Michael DelSignore is a Second Offense OUI Lawyer that can help you if you are arrested for OUI and your case will be heard in Woburn District Court.

When you are charged with a second offense, often the best approach is to attempt to win the case at trial so that you are found not guilty; this will help you avoid having to serve a lengthy license loss and impose the interlock device in your car as it is required on Second Offense OUI.

• OUI Prior Offense more than 10 years ago
• OUI Second when Prior OUI is within 10 years of the current arrest
• What happens if you refuse a breath test on a Second Offense OUI

When you refuse the breath test and have one prior OUI conviction, you face a three year license suspension for breath test refusal. If you have a prior offense within 10 years, the only likely method to get your license back would be obtain a not guilty at trial and ask the judge to reinstate your license on the refusal suspension. The RMV does not grant hardships licenses on refusal suspensions.

Does the jury know I have a prior OUI conviction

When you are charged with a second offense, the jury will not know that you have a prior OUI offense; if the case is a bench or judge trial, the judge will not consider your record; while the judge will know you have a prior offense, Attorney DelSignore has had many not guilty verdicts on a second offenses with judges as well as with a jury trial.

If you face a second offense OUI in Woburn District Court, there are number of defenses that can lead to a not guilty veidict.

Lack of evidence of erratic or unsafe driving; no major driving indicating you were drunk or under the influence

No evidence of substantial alcohol consumption, it is not illegal after consuming one or two drinks if you are not under the influence; even if you have had 3 or more drinks, based on the time period you may not be impaired by alcohol.

Minor deviations on the field sobriety exercises

You may reads in your police report that you did not touch heel to toe; stepped off of the line or made other errors when taking the tests.

Attorney DelSignore generally likes to argue that the officer did not see major signs of impairment. The following is deviation on the 9 step that should be deemed as relevantly minor:

Taking 10 steps instead of 9

Missing heel to toe one or steeping off the line one or two times

Improper turn

Arms for balance

All of these clues can be very minor and not be indicative of impairment. Attorney DelSignore believes that if there is no major observation of stumbling or staggering or serious deviations from the instructions that these exercises do not show impairment.

There are many reasons why someone may not perform perfectly on a field sobriety tests unrelated to alcohol consumption.

Why Breath test evidence may not be used in Court: winning breath test cases

• The Commonwealth must show that officer complied with the rules and regulations to show that the breaht test evidence was calibrated and properly certified
• That a proper 15 minute observation period was done
• That medical conditions like asthma or acid reflux did not impact your test results
• That your blood alcohol rate is not understated do to the blood breath partition ratio
• Other issues can impact the results of the test including how hard you blow into the machine

If you face a Second Offense OUI in Woburn District Court, call or text Attorney DelSignore at 781-686-5924.

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