Boston OUI Attorney

Aggressive Defense for OUI & DUI in Boston

If you have been arrested and charged with OUI/DUI in Boston, do not despair. Although you may think there is no way to fight your charges, the truth is there are many effective defense strategies available to those who have been charged with DUI or OUI, even if you failed your breath test, blood test, or field sobriety test.

With more than 20 years of experience working in the Massachusetts criminal system, Boston OUI lawyer Thomas A. Brant is very familiar with many strong defense strategies for fighting OUI and DUI charges in Boston, such as:

Challenging Breath & Blood Tests: Much of the evidence used in an OUI case is based on technology. Police officers rely on the results of the breath and blood test as the foundation of their case. However, these tests are prone to errors and inaccuracies. There a number of reasons as to why a breath or blood test may give an inaccurate reading:

The officer administered the test incorrectly
The officer never received proper training on how to use the breath machine
There was radio frequency interference
There was a mechanical defect
The testing equipment was contaminated
The testing equipment was broken
You have pre-existing illness or condition
Your weight, age, and gender

Furthermore, the officer must wait 15 minutes before administering the test to ensure you do not burp, hiccup, or belch since these actions could contaminate the sample. You must also provide two samples, and the results must be within .02 percent of each other. If the officer fails to follow this protocol, the result of your test may be thrown out as evidence.

Challenging Field Sobriety Tests: Field sobriety tests can easily be challenged in court. For one thing, these tests are highly subjective. The determination as to whether a driver passes or fails is based solely on the officer’s opinion. Furthermore, these tests are difficult for even sober people to pass. The following reasons can affect a person’s ability to pass the test:

Age & weight
Weather conditions
Road conditions
Type of shoe wear
Pre-existing disability or condition
Nerves
Fatigue
Natural lack of balance

Unlawful Police Stops: Police officers must have a valid reason or probable cause to pull you over. If you were stopped by the police without a valid reason, any evidence gained after the stop can be suppressed. This includes evidence from the results of a field sobriety test or breath test.

The Police Violated Your Rights: As a citizen, you have certain constitutional rights that law enforcement officials cannot violate. Any violation of your rights during the OUI/DUI arrest can be used a defense tactic in your favor.

Was the Evidence Obtained Lawfully? If the police did not obtain their evidence in a lawful manner, Mr. Brant can motion to have the evidence suppressed or thrown out of court.

Contact Boston OUI Lawyer Thomas A. Brant

Boston OUI attorney Thomas A. Brant has defended countless clients throughout the Boston area facing OUI & DUI charges. As a former prosecutor, Mr. Brant is familiar with how the police and prosecution are likely going to handle and prepare their case against you. You can trust that Mr. Brant has the experience, knowledge, and skill to aggressively defend you against your charges, and help you avoid an OUI conviction!

Contact Boston OUI lawyer Thomas A. Brant today at (617) 765-4903!