Being charged with OUI is a serious criminal charge that can result in jail time, fines and license suspension. A knowledgeable OUI attorney can provide sound legal guidance throughout the process.
OUI Defense attorneys can use strategic negotiation to explore plea bargains and alternative sentencing options. If a trial is necessary, they can aggressively present your case and challenge the prosecution’s evidence.
Experienced Representation
An arrest for operating under the influence of alcohol or drugs (OUI) is a serious offense that can result in jail time, significant fines, and driver’s license suspension. Individuals who have been charged with OUI face these penalties even for a first-time offense and may face more severe consequences for subsequent convictions.
A skilled OUI lawyer will carefully examine all of the evidence in your case, including police reports and chemical test results. They will also assess whether law enforcement officers followed proper procedures and obtained evidence without violating your rights.
A talented attorney will also attack the prosecution’s ability to prove all elements of OUI beyond a reasonable doubt. This is often done by attacking the officer’s observations and behaviors. For example, an officer may say that someone has bloodshot eyes, but these could be caused by fatigue, illness, crying or dry eyes. These are all things that can be defended against.
Probable Cause
An OUI on your record can affect your job, your reputation and many other aspects of your life. A good OUI defense can help minimize the negative consequences and protect your future.
Probable cause is a standard that law enforcement officers must meet before they can make a stop, detain you or search your car or other property. It is often used to justify breath or blood alcohol tests and to arrest you for OUI.
An experienced OUI lawyer can find and expose weaknesses in the evidence offered against you by identifying any missteps that may have occurred during the collection or preservation of the evidence. This includes issues with the qualification and credibility of state witnesses or problems with the testing equipment or process. Using these and other legal nuances, your OUI attorney can build a strong legal strategy for you. A successful defense can spare you jail time, fines and a driver’s license suspension.
Sufficient Evidence
Getting charged with an OUI is upsetting and disruptive to your life, and even a first-time conviction can have long-term consequences. Partnering with a reputable OUI defense attorney is the best way to fight your case in order to get back to normal and avoid serious penalties.
A defense attorney will be able to recognize errors in the collection or preservation of evidence and make the appropriate Motions to Suppress. Even minor mistakes in the evidence can have a major impact on the outcome of your case.
A judge will consider the quality of the evidence when deciding whether to grant a request for a jury trial. The evidence must be “sufficient” to satisfy the court that it is “reasonable to believe that such an offense was committed and that such defendant committed such offense.” “Sufficient” means that the evidence satisfies an unprejudiced mind. This is a subjective standard, and it varies depending on the case.
Challenge the License Suspension
Whether you are charged with first-time OUI or a more serious offense, the consequences can be severe. A conviction can result in jail time, significant fines, license suspension and a requirement to enroll in an alcohol treatment program or drug education classes.
In addition, a first-time conviction results in a mandatory minimum 150 day license suspension and makes you ineligible for a work, hardship or Cinderella license until the conclusion of your case. A seasoned OUI attorney can help you challenge your license suspension.
A seasoned OUI lawyer can also prepare and present persuasive arguments during the BMV hearing, questioning witnesses, raising doubts about the accuracy of breath tests and other evidence and ensure that all legal procedures are followed. Having an experienced OUI lawyer represent you at this hearing can make all the difference in your case. It may even prevent the suspension from extending to your home state, depending on the policy of your State Department of Motor Vehicles.