Protecting your rights and fighting your OWI charge

| May 22, 2020 | OUI Defense

If you are facing drunk driving charges in Massachusetts, you know your future and your freedom are at stake. Whether it is your first offense or you have previous convictions on your record, it is in your interests to fight back against these charges and pursue the best possible outcome to your case. You can start fighting your OWI as soon as possible after an arrest. 

Many assume it is simply easier to plead guilty so they can move on faster. This or a conviction can bring penalties that range from time behind bars to expensive fines. Additionally, you could be dealing with a loss of your reputation and compromised opportunities in your career and education. In some cases, an OWI may even affect a child custody dispute. There is a lot at stake for you, and your future interests are always worth fighting for.

What should you do?

If you are driving home and you see lights flashing in your rearview mirror, you need to pull over. It’s crucial to remain calm and polite when dealing with the police as they will include any of your behavior or statements in their report. It is in your interests not to be combative, even if you believe there was no reason for the traffic stop. However, this does not mean you do not have rights. The following can help you protect your interests:

  • Don’t give the officers more information than you have to. You do not have a legal obligation to tell police if you have been drinking or how much you have been drinking.
  • You do not have to submit to any sobriety tests or chemical test during the traffic stop, such as a Breathalyzer, but this will lead to a suspension of your driver’s license.
  • If arrested, you will have to take tests administered at the police station. Remain calm and cooperative while you are at the station.
  • After you are able to leave, write down and record everything that you can remember from what happened, starting with where you were, how you were driving and how the police treated you during the stop.

Your OWI defense may include challenging the circumstances of your traffic stop or a violation of your rights. An assessment of your case an reveal the best way forward for your defense strategy. Whether you need to fight the charges in court or you need to seek a plea deal that mitigates some of the penalties you are facing, you will find it helpful to work with an attorney who has your best interests in mind at every step.