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The most common OUI defenses

On Behalf of | Sep 5, 2019 | OUI Defense

People who have been accused of a crime have the right to a defense. This includes people who are charged with drunk driving offenses.

These charges are not easy to beat in Massachusetts, but it can be done. An experienced OUI defense attorney can help people choose the strategy that will work best in their particular case, and give them the best chances of protecting their license and their freedom.

What strategy works best in your case depends on the specific circumstances of your arrest, your history and the charges against you. The most common defense strategies focus on the actions of the arresting officers, and fall into two main categories: improper stop, and improper administration.

Improper stop refers to the police’s power to detain people. The Fourth Amendment to the U.S. Constitution prohibits unreasonable search and seizure. If the police exceeded their constitutional authority during the arrest, the accused may be able to get the evidence the police collected suppressed from court.

Improper administration refers to problems with the evidence collected by police. For example, the accused may argue that the police used a faulty breath testing machine, leading to inaccurate results. In cases where the evidence is a blood sample taken by a medical professional, the accused can question the chain of custody of this sample, perhaps showing that the police do not have records showing the chain of custody of the sample.

There are many other strategies for fighting OUI charges. It’s important to discuss the options available with a lawyer. People accused of drunk driving offenses should talk to a defense attorney as soon as possible.


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