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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!

DUI Defense Specialist certification is the one qualification you should be looking for

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If you’ve been charged with driving under the influence, you’re facing a pretty serious charge, one that could have many long-term repercussions in your life. If convicted, you will be subject to fines, possible jail time, and impacts to your work and social life.

You must mount a strong and immediate legal defense if you want to have your case dismissed or your penalties reduced. Finding the right attorney to handle your case is the first order of business. On the surface, there are many competent attorneys in Massachusetts and New Hampshire that can represent you, but before you make a final decision, you need to undertake your own due diligence to make sure you get the best possible representation.

When looking for a DUI defense attorney, you’ll want to retain one that has several years of experience with cases such as yours. You’ll also want to know the attorney’s success rate as well. In addition, you’ll want to know if the attorney representing you has experience with the particular court and/or judge you will be facing when you have your case heard. That familiarity can pay dividends that will benefit you as you work your way through the process. Your attorney should also be a good negotiator so that they can work to perhaps strike some kind of plea bargain to have your penalties reduced, saving you time and money.

Many attorneys meet these criteria, but there is one more standard that sets very few attorneys apart from most others. There are just a very select few who have taken it upon themselves to become a Board Certified DUI Defense Specialist. Undertaking this rigorous certification signals a deep commitment to specializing in DUI defense cases.

To be Board Certified, an applicant must pass written and oral testing to prove they have significant knowledge in this particular area of law. Examinations focus on scientific issues, NHTSA guidelines on field sobriety tests and drug recognition tests and a broad spectrum of other legal and ethical issues related to drunk driving cases. Applicants who seek certification must also satisfy certain minimum legal practice requirements and maintain an active DUI defense practice going forward.

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

Posted in DUI