Boston DUI Defense Attorney

The DUI Process

The DUI process in Boston follows a certain sequence in every case. In fact, law enforcement is required to carefully and correctly follow certain procedures in any DUI case. If they have violated the correct procedures, you can challenge the evidence and have your case thrown out of court and the case dismissed. The usual procedure in any DUI arrest is as follows:

The Stop

You will be stopped by law enforcement because they suspect you of driving under the influence of drugs or alcohol. You must have exhibited something that would cause this stop, such as speeding, reckless driving, or negligent driving. If law enforcement fails to have probable cause in the "stop" the evidence against you may be thrown out and you will be free. Your Boston DUI Defense Attorney will be thoroughly investigating how the stop took place.

This may also occur in a "traffic stop" in which many individuals are pulled over and checked for alcohol intoxication. These traffic stops have been determined to be constitutional according to the Supreme Court of Massachusetts. Nonetheless, law enforcement is required to follow a specific and exact rules, which your Boston DUI Defense Lawyer will investigate on your behalf.

Breath, Blood and Field Sobriety Testing

You will be administered certain tests, including Field Sobriety Tests and usually a breathalyzer test. No tests are 100% accurate, and field sobriety tests have a large margin of error. Even the National Highway Traffic Safety Administration (NHTSA) gives the best of the Field Sobriety Tests a 77% accuracy, when the test is accurately administered. The same is true for the Breathalyzer Test. If not accurately administered, it can register incorrectly. Many of these testing devices have a history of malfunction, or have not been properly maintained, making your test open to challenge. Your Boston DUI Defense Attorney will be looking into these matters if necessary for your defense.

The Arrest

If you register at .08% or above on the breathalyzer test, you will be taken to the police station and arrested for DUI. You may be released or you may have to spend a few hours or a night in jail waiting to being formally charged at your arraignment.

The Arraignment

You will be "arraigned" in front of a judge and you will make your plea - guilty or not guilty. Do not make a plea without first contacting a Boston DUI Attorney to review your situation and the case against you. Bail will also be addressed at this hearing and if you have a prior DUI conviction, this can be an issue. Don't face an arraignment without a Boston DUI Defense Attorney by your side.

Pre-Trial Hearing

There will be a pre-trial hearing in which your DUI Defense Attorney can bring forth information that will lead to the evidence against you being suppressed. This could be many different types of defense actions, such as challenging the evidence based on a violation of police procedure, or based on the testing equipment or other possible defenses.

The Trial

At the trial the evidence against you will be provided by the prosecutor and your Boston DUI Defense Attorney will be aggressively fighting on your behalf. The case is often dismissed, charges reduced, or alternatives to jail proposed, such as a state-approved alcohol treatment program. This is often an option for First Time Offenders.

The Sentence

You will be sentenced by the judge and will have to take the penalty. The penalties can include:

Jail time (prison for Felony DUI convictions)
Fines
Community Service
Drug/Alcohol Treatment Programs

Don't take a chance with your future. Immediately contact a Boston DUI Defense Attorney if you have been arrested and charged with DUI, or call us at (888) 684-2773 to schedule a FREE Case Evaluation at any or our local offices.