North Shore DUI Defense Attorney

The DUI Process

There is a specific series of steps that occur with every DUI arrest and charge.  Law enforcement is required to follow legal procedures in the arrest procedure, and whether this occurred is an important part of a possible defense on your behalf.  If the police have in fact violated their own legal procedures of arrest and field sobriety testing and breathalyzer testing, there is a powerful opening to defend you.  The normal sequence of events that occurs in any DUI arrest is as follows:

The Stop

Initially, the stop will occur due to "probable cause".  That means that law enforcement must have observed some driving behavior that caused them to believe that you may be driving while intoxicated.  This could be swerving, reckless driving, speeding or other action that appeared to be out of the ordinary and may mean an intoxicated driver.  In many cases, individuals have been pulled over that really are NOT exhibiting any of these factors and in these cases, the "stop" would be determined to be an "unlawful stop" and the evidence gained through such a stop would not be admissible in court.  Your North Shore DUI Defense Attorney will be investigating this aspect of your case in order to determine if this is a defense that is possible in your case.

A "stop" can also occur in a "sobriety checkpoint".  These checkpoints have been challenged in court and have been found to be constitutional by the Supreme Court of Massachusetts.  However, the procedures followed at a sobriety checkpoint are very specific and if violated, may be part of a successful defense on behalf of the accused client.

Breath, Blood and Field Sobriety Testing

After the stop, the first step is most usually having several Field Sobriety Tests administered to you.  These tests have been found to be lacking in scientific validity, as there are too many factors based on human observation and this is extremely subjective.  There are also physical situations that cause a person to fail these tests, and they are often incorrectly administered.  However, if it is considered that you "failed" the field sobriety tests, you will then be given a breathalyzer test.  These tests results have been challenged successfully countless times, as the testing equipment may not have been properly maintained or has a history of false readings.  Even in cases where the testing equipment is in good shape, breathalyzers do not have a 100% accuracy level, and the evidence can still likely be challenged, based on scientific fact.

The Arrest

Law enforcement will administer the breathalyzer test to you, and if you are registering at .08% or above, or .02% or above for those under 21, you will be arrested and charged with a DUI charge.  You will be taken to a police station where you will be processed or "booked".  You may have to spend some hours in jail at that point, or you may be released.  You are then awaiting your formal charge, which could happen quickly after your arrest.  It is crucial that you have legal representation from the point of your arrest forward.

The Arraignment

You are formally charged at a hearing and you will make your plea at this point - guilty or not guilty.  Never make a plea without first discussing your case with a North Shore DUI Defense Attorney.  If you plead guilty, you are facing serious penalties, and your case may have more options for your defense than you are aware of.

Pre-Trial Hearing

The next part of the DUI court process is a pre-trial hearing.  At this hearing, your North Shore DUI Defense Lawyer can present various court challenges related to your case.  This could be a variety of defense actions, such as police procedure violations, testing procedures or other possible defenses in your case.

The Trial

At the trial, the prosecutor will present the evidence against you and your North Shore DUI Defense Attorney will have the opportunity to cross-examine the law enforcement officer who is providing the evidence against you.  This can be very productive on your behalf and can result in you being free of the charge against you, and able to resume your normal life.  With the assistance of a North Shore DUI Defense Lawyer, the case is often dismissed, the charges may be reduced, or alternatives can be arranged such as state-approved alcohol education programs.  This is often an option that is possible for first time offenders.

The Sentence

If you are found guilty and are sentenced, you are facing some grim consequences including the following:

• Jail time (prison for Felony DUI convictions)
• Fines
• Community Service
• Drug/Alcohol Treatment Programs

Don't take chances.  Get legal representation Immediately contact a North Shore DUI Defense Attorney if you have been arrested and charged with DUI.