Challenging OUI Evidence in Quincy

Providing Aggressive Defense in Norfolk County

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. Our firm represents cases of OUI & alcohol and OUI & drugs cases with the goal of achieving the best possible case outcome for clients. We have a successful record of 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!

Gathering Evidence

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, 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 often unusable.

What to Expect during a Chemical Test

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, 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 the driver.

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. Contact our firm for an aggressive defense that can challenge evidence in your OUI case.