Challenging OUI Evidence in Quincy
Aggressive Defense from Our Quincy OUI Lawyer
The growing concern over the amount of motorists driving while under the
influence of illegal or prescription drugs has led to law enforcement
placing more of their personnel through courses dealing with investigation
and training in drug recognition. Drug Recognition Expert (DRE) training
helps law enforcement in recognizing the types of drugs present in motorists
and the possible side effects of the particular drugs.
OUI & drug cases are often hard to prove and there are insufficient
numbers of trained DRE individuals who can testify in court. OUI &
alcohol cases are more common and the signs of drug use are less obvious
than those of alcohol. Law enforcement and jurors are mostly informed
about alcohol and its effects on motorists. If you face an
OUI charge following an arrest, our firm's experienced Quincy OUI lawyer
can help you!
Flanagan & Associates is experienced in all aspects of OUI/DUI defense.
My firm represents cases of OUI & alcohol and OUI & drugs cases
with the goal of achieving the best possible case outcome for clients.
I have a successful record in having cases dismissed or charges reduced.
It is always best to have an attorney represent you from the beginning
of your case at the time of arrest to protect your rights and to avoid
making statements without the presence of an attorney.
Call us today for aggressive defense to challenge evidence presented by the prosecution
in your OUI case!
Law enforcement personnel receive training in the investigation and recognition
of motorists under the influence of alcohol or drugs. They have tools
available to use step-by-step to identify whether a driver is impaired
by drugs or alcohol. A
field sobriety test consists of simple tasks involving balancing on one leg, walk and turn,
or finger to the nose. If the driver cannot perform these tasks then an
arrest may follow. An eye exam is another step used and that consists
of checking vertical and horizontal gaze, and nystagmus (an eye phenomenon
present with alcohol use) tests. These test the ability to track an object
up and down or sideways. This is open to challenge in court and it is
OUI Lawyer in Quincy & Weymouth
The officer may conduct a breath, blood or urine test on the suspect impaired
driver. If the adult driver measures a blood alcohol content (BAC) of
0.08% or higher or
underage OUI driver BAC is 0.02% or higher, an arrest is likely at that point. The
allowable BAC is lower for commercial drivers as well. If a driver refuses
to take a chemical test then the officer may take away the driver's
license at the scene.
In the case of drug use suspicion, an officer may interview the driver
about any illness or injury, check vital signs like pulse, temperature
and blood pressure, and check the motorist's eyes for reaction, if
blood shot or signs of trauma. An officer may conduct a dark room exam
to measure the driver's pupils in different lighting conditions, examine
nose and nasal cavities for signs of drug ingestion, check for needle
marks, or check muscle rigidity. A toxicology test may be conducted on
We Can Challenge the OUI Evidence Against You
The tests for alcohol and drugs are limited by the accuracy of the results,
the administration procedures, the level of training of the officers and
technicians, and the reliability of machines. There are many possible
defenses used in OUI cases. Blood and urine samples, as well as other
types of forensic evidence, require handling according to certain protocol.
The laws require proper arrest procedures by law enforcement. Often the
tests are conducted in uncontrolled environments since most OUI arrest
scenes take place at night on the side of the road in the dark. Seek legal
advice if face serious OUI charges.
You may lose your license or go to jail for an OUI conviction.
Call our firm
for an aggressive defense that can challenge evidence in your OUI case.