The First Defense to any DUI charge, MA or NH or ME, is to hire an experienced, qualified DUI Defense Lawyer. Do not hire your sister’s divorce lawyer, or the lawyer that did your real estate closing, or your friend’s brother who is new to the practice of law and needs clients.
Start by hiring a lawyer that has the experience of over 1000 DUI Defense cases under his belt. Hire a Board Certified DUI Defense Specialist. An Attorney that is recognized by the National College of DUI Defense Lawyers, in a certification process approved by the American Bar Association, to have the requisite experience, education and qualifications to be recognized as one of the very best in this highly specialized field of criminal defense work.
Allow your lawyer to explore each and every possible defense to the DUI charge, which begins by conceding NOTHING to the prosecution:
- Be prepared to challenge the motor vehicle stop and whether the Police had sufficient legal grounds to pull over and stop the driver. Was there really a moving violation? Was that Sobriety Roadblock/Checkpoint legal and constitutionally valid?
- Be prepared to challenge the exit order, did the officer have sufficient legal grounds to require a driver to exit the car and perform field sobriety tests? Did the driver display indicators of impairment during the initial stop that would allow for further detention and investigation of a DUI offense?
- Be prepared to challenge the validity of all field sobriety tests, whether they were instructed and scored correctly by the police and whether they are even indicative of alcohol impairment for this driver considering individual physical and mental attributes. What were the road conditions, did the driver have injuries or physical limitations that effect balance, was difficulty with tests due to pure panic, nervousness or embarrassment?
- Be prepared to challenge the admissibility and accuracy of all chemical testing of blood, breath or urine including hospital testing protocols and procedures and State Laboratory testing protocols and procedures.
- Be prepared to challenge the accuracy of chemical testing to include, collection, storage and analysis of breath, blood and urine samples.
- Be prepared to challenge the admissibility of any impairment opinion testimony, especially in drug impairment cases, where most often only a medical professional or toxicologist is qualified to give such an opinion, not a police officer.
- Be prepared to try a case to verdict in front of a Judge of Jury by holding the Government to their burden, Proof Beyond a Reasonable Doubt on each and every element of the DUI Offense.
These are just a few of the many ways a Qualified DUI Defense Lawyer can help you successfully challenge a DUI Charge in MA or NH or ME.