People who are accused of drunk driving often take a fatalistic approach to the charges they face. Perhaps they feel the evidence against them is overwhelming, and so there is no point in trying. This is a mistake. Everyone deserves a defense.
Recently, a Massachusetts man was found not guilty of OUI charges after he challenged the evidence used against him at trial. The man, a reserve officer with the Amesbury Police Department, was arrested in March, after police said he crashed into a fire hydrant and a tree. He left the scene of the accident but returned shortly afterwards. Police at the scene gave him a chemical breath test, which showed a blood alcohol concentration of 0.118%, prosecutors said. A driver age 21 or older is presumed too drunk to drive with a blood alcohol concentration of 0.08% or higher.
However, the man argued that he was not drunk, and had caused the accident after he had apparently fallen asleep at the wheel. He was able to get the evidence of the breath test suppressed from trial because of a court case and scandal involving Breathalyzer devices. Without this evidence, the case against him fell apart.
In January, a Massachusetts judge banned the use of Breathalyzer evidence in OUI trials, after finding that hundreds of the tests had given inaccurate results. Police have since done extensive work to repair the machines and train officers in their proper use. The same judge recently ruled that the Breathalyzer evidence could again be used in OUI trials.
In the case of the Amesbury man, his arrest happened during the time when the test results were not d
With the return of Breathalyzer evidence, OUI defense has become tougher, but there are still many strategies and procedures that can protect a driver’s license and freedom. A skilled OUI defense attorney can help people understand their options.