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What to look for in a criminal defense attorney

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If you’ve run afoul of the law, then you’re going to need the best possible representation to give you the best possible chance at beating the case and preserving your freedom. While there are many talented criminal defense attorneys to choose from, finding the right one can make all the difference in the world…in this case, the difference between incarceration and fines, or freedom to move forward with your life.

So what exactly should you look for when you need to hire an attorney? Here are some things to consider:

Experience. Not just any experience, but the right kind of experience for your particular situation. So many attorneys are specialists and therefore subject matter experts in their narrowly defined niche. To give yourself the best shot at winning, you need to find someone who matches your type of case. Do not fall for a “one size fits all” approach.

Familiarity with local courts and prosecutors. You will reap considerable benefits if you retain an attorney who knows the local court system, judges and prosecutors. That familiarity can help negotiate a plea bargain for you and help to understand what is likely to happen if a case goes to trial, based on previous tendencies.

Outstanding communication skills. Unless you are already very familiar with the court system, you are going to be somewhat intimidated and have lots of questions about your case and your legal standing. An outstanding lawyer will be available to you and be able to answer a variety of questions you are sure to have regarding your case.

Reputation and references. As part of your due diligence, make sure you find out a potential attorney’s track record. Ask for references. Ask them to give specific examples of how they handled previous cases similar to yours and what the outcomes were.

Bowser Law serves clients in communities throughout Massachusetts and New Hampshire.

Defenses against an OUI charge

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Operating Under the Influence (OUI) is a charge similar to Driving Under the Influence (DUI) with the main difference being that you do not actually have to drive a car to be charged with OUI. Basically, if you are intoxicated with a blood alcohol level of .08% or higher, and behind the wheel of a car whether it is moving or not, you can be charged with a crime.

While some people charged with OUI will try to claim a variety of defenses that seldom work, such as they were just sitting in their own driveway, or that there is no direct evidence connecting them to the crime. With OUI charges, circumstantial evidence is enough to convict you. Circumstantial evidence may include the smell of alcohol coming from your car, you fail field sobriety tests even though nobody saw you driving, or witnesses saw you behind the wheel of a car. All offer enough proof that can be used to convict you.

While that can work against you, there are several possible defenses that can be used in an OUI case. While each case is different, some defenses may include:

  • A lack of credible witnesses
  • Improper administration of a breathalyzer test
  • Police misconduct or lack of credibility
  • Improper calibration of an intoxilizer
  • Prosecutorial incompetence
  • Exclusion of evidence
  • Interfering chemicals such as prescription drugs or chewing tobacco
  • Diabetes or hyperglycemia
  • Poorly written police report
  • No visible sign of mental impairment

On the surface, OUI cases may appear simple and straightforward, but there are many possible ways to attack the observations and analysis that can be used to convict you.

If you’ve been charged with an OUI, your first step should be to contact an attorney to help you sort out the best possible defenses for your particular situation.

Bowser Law serves clients in communities throughout Massachusetts and New Hampshire.

Posted in OUI

MA OUI Charge Dismissed

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Police respond to report of minor collision in parking lot outside tavern. Driver appears with slurred speech, glassy/bloodshot eyes and unsteady gait. Arrest follows standardized field sobriety tests. Post arrest breath test .19 BrAC excluded by defense challenge to scientific reliability of Draeger Alcotest 9510. OUI charge dismissed for Lack of Prosecution when necessary witnesses fail to appear for scheduled trial.

NH DWI Charge Dismissed

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NY driver pulled over for speeding while driving company vehicle. Driver admits to drinking after work with colleagues and just trying to find his hotel. Driver is smoking cigarette, but Police still note odor of alcohol and glassy/bloodshot eyes. Police make arrest following field sobriety tests. Booking video is not preserved despite timely defense request to police/prosecution for the video evidence. DWI charge dismissed by agreement prior to trial.

Not Guilty Verdict NH DWI Drugs Charge

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Police stop driver for speeding violation. Officer notes strange odor emanating from vehicle consistent with “Spice” and notes driver’s fingers are stained brown. Several Spice packets are strewn about interior of vehicle. Police engage driver in field sobriety testing and Drug Recognition (DRE) Exam. Defense challenges validity of DRE protocol without expert witness support. Not Guilty Verdict following trial.

NH DWI Charge Dismissed

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Police responding to report of man engaging in fighting behavioir and leaving scene on motorcycle. Police intercept driver leaving neighborhood. Driver admits to getting in verbal altercation and leaving house party voluntarily. He admits to drinking and probably being unfit to drive. Defense prepared to argue stop of motorcycle lacked reasonable articulable suspicion of criminal activity. DWI charge dismissed prior to trial by agreement. Lifetime Lookback effects of Melanie’s Law avoided for this MA resident with one (1) prior OUI CWOF disposition.

NH DWI Charge Dismissed

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Police approach driver stopped in parked vehicle in closed convenience store parking lot. Police allege this is high crime area with history of break-ins. Driver appears to be confused as to where he is, and police note odor of alcohol, slurred speech and glassy/bloodshot eyes. Arrest follows standardized field sobriety tests. Defense uses cruiser video to analyze reasonableness of seizure. Motion to Suppress stop/seizure filed. DWI charge dismissed by agreement prior to trial.

MA OUI Charge Dismissed

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Driver stopped at OUI Sobriety Checkpoint/Roadblock. Driver admits to drinking before leaving downtown bar, but she does reasonable well on field sobriety tests. Post arrest breath test .19 BrAC excluded by Defense challenge to scientific reliability of Draeger Alcotest 9510 machine. OUI Charge dismissed by Court when Prosecution is unable to go forward with necessary witness at trial.

Mounting an effective DWI defense

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In Massachusetts, a person who drinks and drives can be charged with Driving Under the Influence, or DUI. However, in New Hampshire, a person who commits the same infraction will be charged with Driving While Intoxicated, or DWI. Both are essentially the same offense, just labeled differently by each state’s jurisdiction. To further complicate matters, New Hampshire does have a DUI statute, but it relates to driving under the influence of drugs.

Regardless of the label, if you’re charged with either a DUI or a DWI, you’re facing some serious penalties. Upon conviction, you’ll pay several hundred dollars in fines; your license will probably be suspended for up to two years, you may spend a little time in jail, and be required to complete a drunk driving education program. If there are any aggravating factors, all of these penalties can rise significantly. Repeat offenders face an even rougher time in the courts.

Many good people make a careless mistake by getting behind the wheel after a drink or two, and if they are pulled over by the police, their lives can go from normal to life-changing in a very short amount of time. And the impacts can be far greater if you are also under 21 years old. With consequences like these, it’s imperative to do everything you can to mount an effective defense to preserve your freedom and your rights.

With the right attorney, many times you can get charges either dismissed or reduced. There are several defense strategies that can be employed depending on the nature of your case. For example, field sobriety tests and procedural issues must be administered properly to preserve your rights. Equipment used to prove your level of intoxication must be determined to be accurate. Witness credibility can also be called into question.

The important thing to remember is that just because you are accused of a DWI offense, you are not automatically guilty. You are allowed due process under the law and with the help of an experienced attorney, you can wage an effective battle to preserve your innocence.

Bowser Law serves clients in communities throughout Massachusetts and New Hampshire.

Posted in DWI

Professional Attorney doing his best for the Client!

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Attorney Mike Bowser was recommended to me over five (5) years ago and it was a great decision to go with him for defending me against an OUI charge. There were many things happening in MA over the years and Mike stayed on top of everything, as well as, updated me personally or through his office secretary. He is very professional and will do his best for his client. Thanks to him, I was found “Not Guilty” on the OUI charge and I could finally put this all to rest. Attorney Bowser would be my first pick for this type of offense, which I hope will never happen again. Thanks for everything!