Drunk Driving - OUI
Operating a vehicle while under the influence of alcohol or drugs is a crime in every state and such offenses are taken very seriously by the court system. Increased awareness of the negative effects of drunk driving has caused the police, judges and lawmakers to make a strong effort to secure convictions of those charged with drunk driving.
If you have been charged with drunk driving, do not face the charges alone. Andover drunk driving attorney Neil F. Faigel has more than 30 years of experience handling drunk driving cases. He will ensure that your rights are not violated and help reduce or dismiss the charges against you.
At its core, a drunk driving case goes to an individual's ability to operate a motor vehicle as a result of substance abuse, whether that substance is alcohol, narcotics, prescription drugs, or over the counter medication. In Massachusetts, a person is considered to impaired to drive if their blood alcohol level is .08% or higher. If the driver is under the age of 21, they are prohibited from driving if their blood alcohol level is higher than .02%. In essence, you do not have to be drunk to be considered impaired. With his years of experience, Attorney Faigel understands the importance of developing a solid defense for his client and is dedicated to working tirelessly to protect your rights. Attorney Faigel will build your defense based upon insufficient evidence, improper testing, illegal traffic stop, and / or your actual innocence to reduce or dismiss your charges.
With over 30 years of experience defending those charged with drunk driving, Andover drunk driving attorney Neil F. Faigel understands the practice and procedure that the police employ during an arrest for drunk driving.
The facts that the police set forth in their police reports when arresting an individual for drunk driving are usually quite common. First, they will have followed your vehicle for some period of time. The report will state that you were speeding, weaving or driving in an unsafe manner. Second, the police report will indicate that you fumbled for your license and / or there was a strong odor of alcohol coming from the car. Finally, the police report will state that you failed a series of field sobriety tests and / or failed a breathalyzer test.
However, with his years of experience defending individuals charged with drunk driving, Andover drunk driving lawyer Neil F. Faigel has found cues and clues documented in the police reports that are easily explained by everyday activities. For example, a police report will often document bloodshot and glassy eyes. A completely unrelated reason for having bloodshot or glassy eyes unrelated to alcohol consumption is simply being tired. The police report may indicate that you could not perform the field sobriety tests. However, many people have injuries to their legs, knees, back or head that cause them to have difficulty with the tests.
Even if you have failed a breathalyzer test, there are many ways to fight the drunk driving charge. A drunk driving conviction can follow you for years. It can impact your right and ability to operate a motor vehicle and negatively impact your ability to obtain motor vehicle insurance.
It is imperative that you consult with a lawyer as soon as possible after you are arrested for drunk driving. Don't think that you cannot fight a drunk driving charge. Police make mistakes. The testing machine may not be adjusted correctly. Your rights as to an unlawful search and seizure may have been violated. You might not have been correctly advised of you Miranda Rights.
Additionally, as a result of a recent court decision in Comm v. Ananias, all breath tests administered between June 2011 and April 18, 2019 have been excluded from use in criminal prosecutions. The court found that the methodology the Office of Alcohol Testing used for annually certifying the Draeger breath testing machine did not produce scientifically reliable blood alcohol results. If you were convicted in an OUI case based upon the results of a breath test you may now be provided with an opportunity to challenge and vacate your conviction. Your conviction may have amplified or increased your sentence and your loss of your drivers license.
If you have been charged with drunk driving, or you would like to discuss a legal matter involving a possible charge of drunk driving including a past conviction based upon a failed breath test administered by the police between June 2011 and April 18, 2019, please contact Andover drunk driving attorney Neil F. Faigel as soon as possible. It is imperative that you have a seasoned and experienced defense attorney to advise you as early as possible about a drunk driving charge.