Criminal Defense Attorney
The Legal Process
If you have been charged with drinking and driving, it is important to find an attorney who is experienced in this area of law. He or she will discuss your case with you and come up with the best likely defense.
Defenses can be complex. Suppression of Evidence, Expert Witnesses, Cross Examination are some areas of Defense. In some cases any self-incriminating statements that the suspect may have made could be suppressed (kept out of evidence) in court.
An officer must have a sufficient reason to pull over a driver, detain the driver, or arrest the driver on suspicion of DUI. If the reason is not justifiable the case may be dismissed. The increasingly popular sobriety checkpoints "Wolf Packs" do create some difficulties and unique defenses.
"Drinking one for the road?" can create errors with breath tests. Your body takes anywhere from 30 minutes to 3 hours to absorb alcohol completely into the system. This means that any tests given shortly after the last drink either, breath, urine, or blood, could show unreliable readings.
Blood alcohol (BAC) test results could be faulty because the equipment the test was performed with may not be properly calibrated. If the equipment has not passed all state requirements, calibration, maintenance, etc., it may be challenged in the courtroom. The breath test given on the side of the road is usually not admissible as evidence.
Often, the officer makes a DUI arrest based on what he or she observes. Many field sobriety tests could be thrown into question because the opinion is rendered by the arresting officer. What the officer considers failing a test may be biased. You may have other people at the scene testify in court that the defendant did not appear to be impaired at the time. See the section on field sobriety tests on this web page.
These are just a sample of some defenses available in a DUI case. If you have more questions about which defense to use, please contact me at the number or email address on this web page.
Office (508) 583-5454
Law Office of Thomas A Dougherty
142 Main St, Brockton, MA 02301