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Concord Operating Under the Influence Lawyer

Being charged with operating a motor vehicle under the influence of drugs or alcohol is frightening.  Attorney Chris Spring will fight aggressively to defend you and reach the best possible outcome for your case.  It is crucial to retain an experienced Concord criminal defense lawyer to handle your case.  

Attorney Chris Spring has:

  • Successfully handled hundreds of OUI cases as both a prosecutor and a defense attorney;
  • Won OUI case dismissals and jury verdicts in favor of his clients; and 
  • Defended clients in every type of drunk driving scenario.

Call Spring & Spring today to schedule your free consultation.  Attorney Spring will never hand you over to an associate or legal assistant.  He will handle your case himself and make himself available to you nights, weekends, and holidays. He is ready to handle cases ranging from gun crimes to drug crimes

A Concord OUI Attorney Can Help You

Never face an OUI charge alone, even if it is your first charge.  Operating under the influence charges are severe and affect all areas of your life.  Do not underestimate the potential for long-term consequences of an OUI conviction.

Attorney Chris Spring will use his knowledge and skills to explain your charges to you, along with any potential defenses and possibilities for dismissal.  He will also: 

  • Analyze the prosecution’s case for any weaknesses;
  • Examine the evidence to ensure the police acted in a constitutional manner;
  • Interview all witnesses that might be helpful to the defense at trial; and
  • Prepare your case for trial and argue your case in front of a jury.

Do not wait to call Attorney Spring.  The sooner you retain Attorney Chris Spring, the faster he can begin working for you.  

Operating Under the Influence in Massachusetts

Operating under the influence of alcohol is a common crime in Massachusetts.  In 2005, Massachusetts enacted Melanie’s Law, which created new offenses and increased penalties for OUI.  It also eliminated the ten-year time limit for consideration of a defendant’s prior OUI convictions.

To convict a defendant of OUI, the Commonwealth must prove beyond a reasonable doubt that defendant:

  1. Operated (drove or otherwise controlled) a motor vehicle;
  2. On a public roadway; and
  3. Under the influence of alcohol or while his or her blood alcohol content was .08 or higher.

The Commonwealth considers a defendant under the influence of alcohol when the Breathalyzer test reads .08 or higher.  A police officer may allege the defendant was under the influence of alcohol based on his or her observations in conjunction with the defendant’s poor performance of field sobriety tests.  

The Breathalyzer test is often disputed in court because the machine does not provide an exact measurement of blood alcohol content.  Instead, it gives an approximate measure of the amount of alcohol in the bloodstream.

Officer Observations and Field Sobriety Tests

Police officers employ the same types of observations and field sobriety tests when evaluating motorists for operating under the influence of alcohol or drugs.  Officers watch for erratic driving, smell for the odor of alcohol and drugs, and look for changes in eye color and pupil size.  

Standard field sobriety tests used by police officers in suspected cases of operating under the influence of alcohol or drugs include the following:

  • The one-legged stand test;
  • The nine-step walk and turn test;
  • The alphabet test; and
  • The backward counting test.

Defending Operating Under the Influence Charges

There are defenses a skilled criminal defense attorney will use to attack the Breathalyzer test and prior convictions as well as countering officer observations and field sobriety tests. Often, this includes a lot of grey area that requires clarification. 

  • Attacking the Breathalyzer test: There are specific guidelines that must be followed by a Breathalyzer operator to yield accurate results. Some include whether or not the operator is properly certified and if the operator allowed the machine time to warm up before conducting the test. However, there could also be external factors interfering with the reading, including the driver’s vomiting and the machine’s maintenance or condition.
  • Countering officer observations: It is legal to consume alcohol before driving in Massachusetts so long as the alcohol does not impair the driver’s ability to operate a motor vehicle safely. Erratic driving can result from many factors other than alcohol, including the weather, other drivers, or distractions in the car. 
  • Attacking prior convictions: If prior convictions are brought up by the prosecutor and indicate that the defendant did not have legal representation, they are inadmissible in court. Also, if there is personally identifying information of the defendant that is inconsistent (including social security number, birthday, height weight), we can argue that the convictions do not belong to our client.
  • Countering field sobriety tests: Field sobriety tests are typically administered on the side of the road, in the dark, and in bad weather. The driver is understandably anxious by the questioning of the police officer. In the unfavorable and uncomfortable circumstances, it is difficult to determine if the field sobriety test is accurate.

If you need to speak with a professional, resourceful OUI defense attorney in Concord, call Attorney Chris Spring at Spring & Spring.  He can help tailor a defense strategy specifically to meet the facts in your case.