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A DWI trial is the government's opportunity to prove its case. You are not on trial. The Commonwealth's case against you is. The government must prove, beyond a reasonable doubt, certain facts and circumstances. If the government fails to convince a judge or jury regarding each and every required element of the crime, you will be found not guilty. In Massachusetts, there are two ways to prove the crime of DWI, which is also known as OUI, DUI, operating under the influence, or drunk driving.
One way for the prosecution to prove its case is to convince the judge or jury, beyond a reasonable doubt, that on the date of the alleged offense, you operated a motor vehicle upon legally defined roadway or in a place to which the public has a right of access, or upon a way or in a place to which members of the public have access as invitees or licensees, while under the influence of intoxicating liquor.
It is not enough to prove intoxication. The government must prove that your driving was being influenced by the alcohol. Someone is under the influence of alcohol if he or she has consumed enough alcohol to reduce his or her ability to operate a motor vehicle safely, by decreasing his or her alertness, judgment and ability to respond promptly. It means that a person has consumed enough alcohol to reduce his or her mental clarity, self-control and reflexes, and thereby left him or her with a reduced ability to drive safely. Of course, the amount of alcohol necessary to do this may vary from person to person.
The other way to prove the crime of DWI is to prove that, on the date of the alleged offense, you operated a motor vehicle upon legally defined roadway or in a place to which the public has a right of access, or upon a way or in a place to which members of the public have access as invitees or licensees, with a blood alcohol content of .08 or greater. This theory of intoxication can only be used in cases where you have taken the breathalyzer or submitted to a blood test. If you refused the breathalyzer, the government cannot proceed under this theory.
You have the right to be tried by a jury comprised of 6 members of the community or you can have the judge decide whether the government has proven its case, this is called a "bench trial." Whether to select a bench or jury trial depends on the facts and circumstances of your DWI case. When hearing your case, the jury will not know about any prior DUI convictions or whether you refused the breathalyzer or field sobriety tests.
Experienced DWI prosecutors will tell you that an DUI case can be one of the toughest cases to prosecute. Several factors contribute to the challenges of trying drunk driving cases. First, there is a strong likelihood that the jurors have committed the same crime at some point in their lives. A skilled DUI lawyer can take advantage of this fact. Second, if there was a breathalyzer refusal, the prosecution will not have a key piece of evidence and will be forced to try to establish intoxication through observations from police and other witnesses. Sometimes, the newest prosecutors are often assigned to handle OUI cases and they lack the experience or resources to be adequately prepared against a veteran DUI lawyer.
Trials are there to be won and our DUI defenders are experienced DUI lawyers with excellent track records. In some cases, it is advisable to "plead out" and our lawyers will fight to get you the best possible deal. In most cases, you should fight your DUI charge. There are many reasons to take your case to trial. For example, with Melanie's Law, there's now a lifetime look-back, so a DWI from many years ago can come back to haunt you if you are charged in the future. Also, a DWI conviction will likely cause your insurance rates to rise and it may cause you to be denied entry into Canada. Finally, a plea might disqualify you from law enforcement, corrections, police, or certain government employment. Contact a Massachusetts DWI lawyer today to discuss your case.
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