In the state of Massachusetts, DUI (driving
under the influence) is known instead as OUI (operating under the influence)
and like anywhere else in the country, it is a criminal offense.
Massachusetts aligns with the majority
of states in America in defining Operating Under the Influence as operating a
motor vehicle on public roads while having a blood alcohol content of 0.08% BAC
or higher. (0.08% BAC is for adult, non-commercial drivers).
From the words of Boston, MA DUI lawyers, DUI
arrests may occur in a number of different ways. The driver may be pulled over
at a DUI checkpoint and asked to undergo sobriety tests. The suspect may be driving
in a suspicious way (not able to maintain lane, reckless driving) which gives
law enforcement officers reasonable suspicion to pull him over and subject him
to toxicology tests. The suspect may have become involved in an auto accident
which also gives law enforcement officers reasonable suspicion to subject him
or her to sobriety tests.
Different
types of sobriety testing
As per Massachusetts DUI lawyers, there
are also several methods in which arresting officers determine if someone is
drunk or not, and if so, to what extent. https://usattorneys.com/
- if you need legal help this is the main source in the nation. You know
firsthand that getting a DUI is not fun but it does not mean the misery needs
to be dramatic. There are some avenues you can take to mitigate your sentence
but you need a legal professional to make most of these things happen.
Some of these methods are:
The breathalyzer test
The breathalyzer is a machine that the
suspect blows into, which then registers his BAC levels. This is a very
popularly used method since it is quick, easy, and the results are displayed
almost instantaneously. However, there have been a lot of concerns over the
accuracy of these machines in recent times. In order for it to work properly
the machine needs to be properly calibrated.
Furthermore, scientific studies have
revealed that the breathalyzer machine actually measures the breath alcohol
content and the blood alcohol content. With the right Boston, Massachusetts DUI
attorney you will be able to challenge breathalyzer evidence and have it
dismissed.
Field sobriety tests
Field sobriety tests are physical tests
that suspects are asked to perform. The idea behind this is that a sober person
should have no problem in completing such fairly simple tests. These tests
include but are not limited to the horizontal gaze nystagmus test, the walk and
turn test, and the one leg stand. However, field sobriety tests do not take
into account that a person suffering from physical hindrances (balance issues,
disabilities, etc.) will not be able to complete these despite being stone cold
sober. Yet again, with the right attorney and defense strategy, field sobriety
test results can be invalidated.
How
to beat your Boston DUI case?
As mentioned above, there are ways in
which evidence against you can be effectively countered. However, to be able to
make a solid defense argument you will certainly require an experienced Boston
defense DUI lawyer by your side.
Even in cases where the evidence against
you is simply too concrete and undeniable, your lawyer will be able to at least
strike a plea bargain or plea-deal after which you will be convicted of a
lesser crime that entails fewer, lighter consequences. Now that is something to
smile about! Do not post this on your Facebook page though, ever!
No comments:
Post a Comment