Boston OUI Lawyer – What to do if You Have Been Arrested for OUI in Boston
An Interview With Boston OUI Lawyer Francis T. O’Brien Jr.
Francis T. O’Brien Jr. is one of the top OUI Lawyers in Boston. The goal of this article is to help people who have been arrested for OUI better understand their rights and progression of their OUI case.
OUI Arrest – Getting Pulled Over for OUI
Typically what will happen in an OUI case is that a police officer will pull a vehicle over for an alleged moving violation, whether that be speeding, weaving, or crossing lanes or crossing the yellow line or even failure to stop at a stop sign.
This behavior causes the officers attention to be drawn to the car and then the officer will signal for the vehicle to pull over. When an officer approaches the driver they will often claim to detect an odor of alcohol and the appearance of red glassy eyes. The operator might have slurred speech or difficulty in speaking that will arouse the officer’s suspicion that the he or she has be drinking and is intoxicated and operating the vehicle under the influence.
Boston OUI Arrest – Field Sobriety Tests
At that point most officers will ask the operator to step out of the vehicle and perform a series of field sobriety tests which are roadside tests designed to test the driver’s dexterity and their ability to perform tasks and understand and follow directions.
Key Fact – OUI Rights – In Massachusetts, operators are not required to submit to field sobriety tests.
If an officer asks you to step out of the vehicle you must comply. But you have the option to refuse to take the test. A person who is asked by a police officer to perform field sobriety tests should politely decline. The reason for this is that when a police officer asks you to perform tests he has already formed the opinion that you are impaired and cannot drive the vehicle. This then puts you in a situation where you are trying to undo the officer’s opinion, and that’s difficult to do.
So by simply politely declining to perform any tests you are not giving any further ammunition to the case and you will have a case that’s much easier to defend in court, because it’s going to be based upon only what has happened up until that point. Keep in mind that in the event that a person does perform a field sobriety test, if the officer feels that the person did not perform satisfactorily, he will be placed under arrest.
Common OUI field sobriety tests include reciting the alphabet, the finger to nose test – this is when a person closes their eyes and tilts their head back and is asked to touch the tip of their nose with their index finger, a one legged stand where the person is expected to elevate one leg about six inches off the ground and keep their arms at their side and then count out loud to the count of thirty. The other most common drunk driving test is the nine step heel to toe, to walk on an imaginary line in a heel to fashion in 9 steps, turning around walking 9 steps back. If the officer is not satisfied he will place the person under arrest and they will be transported to police station for booking. At booking some police stations use video and record the entire booking procedures and then they come forward at the hearing and testify about the persons actions during the booking.
During the booking procedure the person under arrest will be asked to submit to a breathalyzer test and they are then advised that if they refuse their license will be suspended for a minimum of six months or possibly more depending on what their prior record is and they will be told if they take the breathalyzer and pass it then they will not suffer any license loss consequences. If they take the breathalyzer and fail it (or register a failing score which is a .08 or greater) then they will loose their license for thirty days and that sounds enticing to many people and their thought is well if I fail I only loose my license for thirty days, but if I refuse it then its six months so I would rather take a chance on the thirty days, when in reality the problem is if you take the breathalyzer and record a score over .08 then you have created a devastating piece of evidence against yourself to try to keep out of evidence, to present an argument that the breathalyzer was inaccurate, that can involve the testimony of expert witness that can cost thousands of dollars. So if the person simply refuses then there is no evidence.
If they person refuses they will receive a notice of a minimum six month suspension, there can be instances where it’s possible to get the person’s license back if the police haven’t followed proper procedures in conduction the booking procedures or transmitting the information properly to the registry and in addition, if you refuse the breathalyzer and receive a six month suspension, if you take the case to trial and you are found not guilty then you are entitled to have your license returned to you. In that case there is a strong possibility that the license will be reinstated.
After the completion of booking a bail commissioner will come to the police station and he will make a decision as to whether a person will be released on bail or on their own recognizance in order to appear in court. Typically the court appearance is next morning or a future date. At the point of the breathalyzer a determination will be made if the passed, failed or refused. If they fail or refuse a license suspension will be issued.
It is important to have a lawyer who is familiar not only with the defense of drunk driving OUI charges but not only has experiences dealing with the registry and the board of appeal for the registry on all issues related to license suspensions and reinstatements, hardship licenses.
The first appearance at arraignment typically there is a pretrial conference there may be a preliminary motion hearing and then the matter will be scheduled for trial. The defendant in a drunk driving case has the right to a jury trial if they so desire. They also have the right to have the trial in front of the judge without a jury. There are many tactical reasons whether to have a trial by jury or trial by judge, and it’s important to have an experienced Boston OUI Lawyer who will analyze these tactical issues and advise you so that you make the appropriate decision on how to proceed whether trial by jury or trail by Judge.
Francis T. O’Brien Jr. has experience and knowledge the individual judges throughout the various courts of the commonwealth of Massachusetts as well knowledge of the various issues that arise when taking your case to trial.
Most cases that proceed to trial result in not guilt verdicts. 90% of Francis T. O’Brien Jr. cases that proceed to trail result in not guilty verdicts. Francis T. O’Brien Jr. has sufficient knowledge of these OUI cases so that he can advise defendants and the likely hood of success at trial.
Boston OUI Case Reports
Here a just of few of the cases where Attorney O’Brien has been able to successfully defend criminal OUI charges.
Speak with a Boston OUI Lawyer Now 617-512-0939
To speak with a highly experienced Boston Drunk Driving lawyer, click here, or telephone Francis T. O’Brien, Jr. at O’Brien Law Boston twenty four hours, seven days a week, toll free at 617-512-0939. There is no fee charged to discuss your case, and all information furnished will be kept strictly confidential.
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