In Massachusetts and elsewhere in the country, there are serious penalties for driving under the influence (DUI). There are certain defenses that are commonly used in a DUI case depending on the circumstances. If you are arrested and charged with this crime, your criminal defense attorney can use one of these in your defense.
No Probable Cause
For a police officer to stop you, they need probable cause. While it’s possible for an officer to suspect you may be driving under the influence and subsequently stop you, many DUI arrests do not occur for that reason. For example, if the officer notices that one of your taillights is not working, they could stop you. This would be considered probable cause. Generally, there must be a legitimate reason for the stop.
Miranda Warning Not Given
Police are required to give Miranda warnings upon an arrest. If you are arrested and these are not given, it is a strong defense against a DUI charge and the court would not consider the evidence brought against you.
Improper Field Sobriety Test Protocols
When a field sobriety test is done, there are certain protocols that must be in place. If a police officer failed to follow those protocols, the defense attorney can argue about it in your case. If the officer was inappropriate, such as in behaving disrespectfully or by intimidating you during the administration of the field sobriety test, the court could deem the evidence inadmissible.
Improper Testing or Storage of Blood Sample
After a DUI arrest, you are required to submit to blood tests to check your blood alcohol concentration (BAC). If there is a problem with the testing or storage of the blood sample, such as mislabeling or contamination, the criminal defense attorney can ensure that it is thrown out of court.
If you have been arrested for this crime in Massachusetts, you need experienced Fitchburg MA DUI attorneys on your side. Bonville & Howard has the experience and expertise needed to build a strong defense for your case. Contact Bonville & Howard at your earliest convenience to learn about your options from Fitchburg MA DUI attorneys.