It’s not illegal to drink and drive. It’s illegal to drink and drive drunk. The difference is an important one.
Massachusetts has one of the strictest laws governing the operation of a motor vehicle while under the influence of alcohol (OUI) in the country. From mandatory jail sentences to lengthy license suspensions and expensive insurance surcharges, the ramifications of an OUI conviction are serious and far reaching. It therefore is important to have experienced, competent representation if you have been charged with OUI.
At the Law Offices of James Cipoletta we have the means and the knowledge to defend against alcohol-related charges such as OUI. Often police employ roadside tests to determine whether you will be arrested and charged. Some of the commonly administered tests include the one-legged stand, the walk and turn test, and the horizontal gaze nystagmus test. Police also employ tests such as the “alphabet” test and the finger-to-nose test. Not all of these tests are accurate indicators of whether a person is under the influence of alcohol. In fact, not all of these tests are recognized as legitimate tests by the National Highway Traffic Safety Administration (NHTSA), the agency responsible for developing alcohol testing to be used by police. Even when the proper tests are administered, they must be administered in a very specific manner and under strict conditions. If the prosecution attempts to use the results of roadside tests against you, we investigate and attack all aspects of the tests, the protocols, the conditions, and the alleged results as part of every case.
Simply because police claim that you “failed” the breathalyzer test does not mean that you are guilty of the crime charged. A high breath test reading may not, and very often is not, a conclusive determination of your actual breath alcohol content at the time you were arrested or even at the time of the test.
At the Law Offices of James Cipoletta we know how to challenge the accuracy of the specific breath testing machine and the results. In many cases we employ former law enforcement officers and forensic chemists who are experts in their fields in order to assist with the examination of the machine and the test reading and to provide testimony on your behalf in court.
If you have been arrested and charged with OUI or an alcohol-related offense, contact the Law Offices of James Cipoletta to explore your options and to begin building a defense.