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5 factors that can complicate your OUI case

On Behalf of | Dec 8, 2021 | OUI/DWI |

You should never lose hope that you can find an acceptable solution to OUI charges. Every case is potentially winnable with the proper legal strategy and understanding. There are no guarantees in criminal law, but a person charged with drinking and driving in Middlesex County can often avoid jail time and unaffordable fines, get their driver’s license back within a short time, and move on with their life.

Having said that, certain details from your arrest can make your attorney’s job more challenging. Here are five things that can make getting OUI charges dropped or winning in court more difficult if they show up in the arrest report.

  • Your driving was extremely bad — like driving on the wrong side of the road, swerving across lanes or excessive speeding.
  • There was an open container of alcohol in the vehicle. Think a half-full can of beer in the cupholder or a partly-drunk bottle of vodka on the back seat.
  • You made incriminating statements to the police, such as saying you drank eight beers before driving or that you feel drunk.
  • You soiled yourself or vomited on your clothes.

Traditionally, a breath test result that is far above the legal limit of .08 percent would also complicate your case. However, breath test results are not currently admissible evidence in Massachusetts. They might become admissible again in the future, however.

Don’t try to hide embarrassing details from your attorney

One of the best things you can do for your case is to be totally honest with your defense attorney. An experienced lawyer has heard it all and is not going to judge you. Their job is to work with the evidence at hand and the law to deliver you the best available outcome.

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