Suffolk County DUI Attorney DelSignore Law Home
Winthrop OUI Lawyer
If you were arrested for OUI by the Winthrop, Massachusetts police department, your case will be heard in the East Boston Division of the Boston Municipal Court. It is very easy to get charged with OUI; if an officer smells alcohol and you admit to drinking, there is a good chance you will get arrested. But keep this in mind. It is a much more difficult standard to be convicted and found guilty in Court than it is to get arrested.
In Court, an OUI charge, like any criminal charge must be proven beyond a reasonable doubt. That means the Prosecutor, in Court, sometimes refereed to as the Commonwealth, must prove the case to the highest degree of certainty in the matter of human affairs. That is a very difficult standard for a prosecutor to meet.
Why Is It So Hard to Prove an OUI Charge?Much of the evidence that the prosecutor will rely on is subjective. The officer may claim that you failed a field sobriety test; however, this test was given to you under very difficult conditions. you were not given the time to really understand the test. The instructions were given in a quick manner, usually in 30-45 seconds. You felt coerced to say you understand. The officer by contrast learned the field sobriety tests over the course of a week and was given a manual as to how they are administered and scored. It was a much different circumstance.
Some officers will even read you the instructions from a card. This is very helpful in your f defense if this occurs.
So the idea that if you did not do perfectly on a one leg stand or nine step—that it must be because alcohol is flawed from the start. It could be for many reasons:
- You were nervous
- You have bad balance
- You were tired
- Scared
- Confused by the quick instruction of the officer
- Or maybe you did very well and the officer still said you failed because the test was scored improperly.
One of my more common approaches to field sobriety tests is to argue you virtually passed the test but the officer did not score it or give you credit for doing well.
Do not think your case cannot be won; even if you took a breath test, there are ways to exclude these results from evidence in Court.
If you have questions about an OUI charge, call DelSignore at 781-686-5924. we regularly appear in East Boston District Court and courts throughout Boston and all over Massachusetts fighting to help good people avoid an OUI conviction.
