North Shore DUI Defense Attorney

Sobriety Checkpoints

Although sobriety checkpoints have been challenged as to their constitutionality, they have been determined by the Supreme Court of Massachusetts to be legal.  However, the rules regarding these checkpoints are very strict and law enforcement is required to follow them exactly.  If you have been pulled over and subsequently arrested at a sobriety checkpoint, it is crucial that you get help from a North Shore DUI Defense Attorney.  It is possible that these strict rules of procedure have been violated in your case, and if challenged in court could result in a dismissal of your charges.  Specifically, you may have been asked to perform several Field Sobriety Tests to come up with "probable cause" which then leads to a Breathalyzer test.  However, these Field Sobriety Tests are often easily challenged in court, as they are not really scientific tests, and if you "fail" this is based on the subjective opinion of a law enforcement officer.

DUI Defense Lawyer on the North Shore

When it is decided that you are possibly intoxicated, you will then be given the breathalyzer test.  You are not required by law to submit to Field Sobriety Tests, but you are required to take the breathalyzer.  If you refuse, you face an immediately suspension of your license and the penalty you receive is the same as if you were convicted of a DUI.  It is not recommended that you refuse a breathalyzer, as it is usually easier to challenge the results of the test in court than to fight a refusal.  If you register at .08% or higher, you will be arrested and charged with a DUI.  When arrested, it is best to remain calm, do not talk to law enforcement but comply with their requests, and as soon as you have the opportunity, contact a North Shore DUI Defense Attorney.  Your first opportunity is usually immediately after having been processed (or "booked") at the police station.  Your first most urgent call is to a lawyer.

A skilled DUI Defense Attorney is aware of how to defend any DUI charge, and will advise you how to proceed after getting the details of your case.  You should have an attorney representing you from the moment of your arrest.  This way when you make your plea, you will be informed as to what will occur.  It should be understood that just because the breathalyzer registered at .08% or above, does not necessarily mean that this is an accurate reading.  Many of these devices have been poorly maintained or incorrectly calibrated, and with some investigation on the part of your attorney, it may be possible to get the evidence thrown out of court.  In such cases, this will mean "case dismissed".