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 In order for a police officer to stop you, the officer must have a legitimate and valid reason. For example, the officer must have reasonable suspicions, based on specific, articulable facts and reasonable inferences, that you had either committed, were committing, or that you were about to commit a crime or motor vehicle infraction. Once stopped, if you refuse to take DWI field sobriety tests, your refusal cannot be used against you in court. Likewise, your refusal to take a breath test, either at the side of the road or at the police station, cannot be used against you. Refusing to take a roadside breathalyzer, known as a preliminary breath test, will not result in a breathalyzer refusal license suspension.
There are numerous ways to challenge the officer's justification for stopping your vehicle as well as the officer's actions at the scene of the stop. For example, a motion to suppress asks the court to disallow certain evidence because it was obtained in violation of your constitutional rights. If you were arrested for DWI and the court finds that the police officer did not have a good enough reason to stop you or pull you over, the DWI case against you will be dismissed. The prosecution cannot introduce evidence at your DUI trial which was illegally obtained.
In general, a DUI stop beings with a police officer noticing some automobile law violation. The vehicle is signaled to pull over and the officer makes contact with the driver. The officer then detects signs and symptoms of alcohol consumption and/or intoxication. In response to his observations, the officer usually asks the motorist to perform field sobriety evaluations. These divided attention tests do not measure drunkenness. Instead, these tests measure coordination and the ability to multitask and follow directions. Remember, refusing to perform these tests cannot be used against you at trial.
Once the officer forms the opinion that the driver was operating under the influence of drugs or alcohol, the driver is handcuffed, searched, arrested and transported to the police station for booking. The driver's car is usually towed from the scene.
A DWI arrest can be an incredibly frightening experience, especially for those who lack experience with the criminal justice system. An effective trial tactic is to put the jurors in the shoes of the person being arrested, so they get a sense of what it was like to deal with the police and attempt to perform field sobriety tests in a dark roadway in the middle of the night, with cars driving by, surrounded by several police officers, with police lights flashing and a bright police flashlight being shined at you. Sometimes nervousness, lack of sleep, illness, or a medical condition is mistaken for drunkenness. Mistakes such this can and do cause innocent people to be arrested for DWI.
If you have been arrested for operating under the influence of alcohol or drugs, which is also known as OUI, DWI, DUI, or drunk driving, you deserve the very best legal representation. Do not settle for a lawyer who does not specialize in these cases. A good DUI lawyer should handle a high volume of DUI cases and have a proven track record of success, meaning not guilty verdicts, acquittals, and dismissals. With Melanie's Law, the stakes are so high in Massachusetts, that you should have the very best legal advocate in your corner. Contact a Mass. DUI Lawyer today regarding your case.
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