Common DUI Defenses in Massachusetts

DUI, OUI, and DWI are some of the most nerve-wracking charges you can face in Massachusetts. The state takes an extremely harsh view on these crimes—and the severe consequences can follow you for years to come.

But you aren’t out of options.

The most common DUI defenses in Massachusetts also tend to be the most successful when it comes to winning a favorable outcome. But it’s crucial that you work with a talented, knowledgeable New Bedford DUI defense attorney who knows how to execute these defense strategies.

At Fogarty Law, our attorney Courtney K. Fogarty has spent over a decade navigating the legal system to help her clients. In one of her recent case results, she argued on behalf of her client and they ultimately walked away without a DUI on their record.

Keep reading to learn about the most common DUI defenses in Massachusetts and how we might be able to leverage them for your specific case.

1. Improper Field Sobriety Testing

Law enforcement officials are allowed to conduct field sobriety testing in Massachusetts, but only if they follow all the correct protocols. A skilled MA DUI defense attorney can explore discrediting the tests’ validity if these protocols aren’t adhered to.

And if the prosecution can’t use your test results as evidence in your case, it becomes much harder for them to prove you were driving while intoxicated. That’s why it’s one of the most successful and most common DUI defenses in Massachusetts.

What are Some Factors That Can Affect the Reliability of Field Sobriety Tests in Assessing Intoxication?

Some factors that can affect the reliability of field sobriety tests (FSTs) in assessing intoxication include:

• Age and physical fitness. If you’re an older individual or have any physical limitations, you may find it difficult to pass FSTs—even when you’re completely sober.

• Officer’s training and/or interpretation. It’s up to the law enforcement official to interpret the results of FSTs in most cases. If they haven’t received adequate training in test administration and interpretation, their conclusions may be called into question.

• Environmental factors like heavy snow/rain, uneven terrain, and traffic that distracts you can negatively affect your ability to perform FSTs.

2. Improper Chemical Testing

You might be inclined to think that the results of a chemical test are cut and dry, but that’s not exactly the case. Massachusetts’ highest court recently confirmed ‘egregious government misconduct’ as a result of miscalibrated breathalyzer equipment. Tens of thousands of drivers statewide now have the chance to exonerate themselves from DUI convictions.

And it’s far from the only example of improper chemical testing. This is one of the most common DUI defenses in Massachusetts because it can often be proven in court through evidence.

Other things that can go wrong with chemical testing related to a DUI or OUI include lab errors while analyzing blood samples, a time delay between when you were pulled over and when you were tested, and even your blood sample becoming contaminated en route to the lab.

3. Unlawful Stop by Law Enforcement Officials

Per the Fourth Amendment of the US Constitution, police must have a valid reason for pulling you over. This is called ‘probable cause.’

They may suspect you of DUI due to the way you’re driving and pull you over for that. Or they may stop you for a standard traffic violation and begin suspecting you’re under the influence during the traffic stop.

Both are valid scenarios in which you could ultimately be arrested for a DUI or OUI. However, several other very commonly cited reasons for traffic stops simply aren’t lawful.

What is the Defense Strategy of Challenging an Improper Stop or Lack of Probable Cause in a DUI Case?

The defense strategy of challenging an improper stop or lack of probable cause in a DUI case boils down to, if there was no lawful reason for the traffic stop, we may be able to get your charges reduced or even dismissed entirely.

Sometimes police will pull you over because they felt a ‘hunch.’ In other cases, an officer will wait for someone to exit the parking lot of a bar or nightclub and use that as a reason for the traffic stop. In both cases, this would be an improper stop and a lack of probable cause.

4. Violations of Procedure and/or Evidence

Just like with issuing FSTs, there are clear rules as to how police can obtain, handle, and store evidence. Furthermore, the prosecution has to follow a set of rules when presenting evidence in court. If they, for example, try to present irrelevant character evidence or hearsay, your defense attorney should challenge that.

Even recorded evidence such as video or audio must be authenticated to be admissible. If there are any issues or questions whatsoever related to procedure and/or the evidence itself, we may be able to use this as part of your DUI defense.

5. Unlawful Interrogations and Miranda Violations

You have the right to remain silent while being interrogated by police, per the Fifth Amendment of the US Constitution. You also have the right to an attorney. And most importantly, the police are required to inform you of your Miranda Rights before starting an interrogation.

So long as they do so, the police can use absolutely anything you say against you in court. But that doesn’t mean officers always follow protocols.

Why are Miranda Rights Important in a DUI Case, and How Can Their Violation Impact the Admissibility of Evidence?

Miranda Rights are important in a DUI case because you still have rights in this scenario, and officers must respect those rights. Otherwise, the evidence against you may not be admissible in court—which might be good news for your specific case.

For example, if you made any voluntary statements without being informed of your Miranda Rights, those statements may be deemed coerced and therefore inadmissible.

Lastly, it’s true that a recent Supreme Court decision minimized the amount of damages a defendant can seek in exchange for not being read their Miranda Rights. But you can absolutely still have evidence suppressed in your criminal case.

Talk with an Experienced New Bedford DUI Attorney to Learn Which Common DUI Defenses in Massachusetts are Ideal for Your Case

Now you’re familiar with a few DUI defenses and some of the scenarios in which they’re appropriate. The thing is, every DUI case is different. There are so many unique details to consider and processes to follow if your strategy is going to be successful.

If you or a loved one has been arrested for a DUI, contact us at Fogarty Law right away for your free consultation or call us at (508) 317-0339. Once our attorney Courtney K. Fogarty is familiar with your case, she can identify the best common DUI defenses in Massachusetts for winning the ideal outcome. 

The sooner you reach out, the sooner we can start advocating on your behalf.