Winning OUI/DUI cases for 20 years
If you have been charged with an OUI in Massachusetts (Fitchburg, Leominster area, Worcester or any other part of the state), you need an experienced criminal defense attorney on your side. For over 20 years, attorney Kristen Jay Patria has been fighting and winning OUI trial for his clients. With over 90% success rate, he has built his reputation on getting results and clients back on the road.
Drunk Driving Defense Frequently Asked Questions
Here are some of the most frequently asked questions by individuals involved with an OUI/DUI case. The answers are provided by attorney Kris Patria based on many years of defending clients against OUI/DUI charges in Massachusetts.
Should I take a breathalyzer test?
I generally do not recommend taking the breathalyzer test. You have the right to refuse. The fact that you refused cannot be used against you at trial. Although your driver’s license will be suspended for a period of time, (determined upon whether or not you are charged as a subsequent offender) by refusing you will keep damaging evidence out of the hands of the police.
Do I have to take field sobriety tests?
Just like a breathalyzer test, you have the right to refuse to participate in so-called “field sobriety testing”. Again, your refusal cannot be introduced as evidence against you at trial. Under most circumstances, I recommend politely refusing to take these tests.
I took field sobriety tests and failed. Does this mean I should plead guilty?
Absolutely not. Field sobriety tests are easily defended. Some factors that need to be considered are the testing conditions and any injuries or medical conditions that inhibit a person’s ability to perform the tests. Also, because the tests are standardized, any deviations from proper testing can be exploited to your advantage. Finally, the jury needs to understand that being subjected to these tests is very stressful and your performance is not necessarily related to alcohol consumption.
If I want to fight the charges, when can I get my driver’s license back?
If your license is still suspended by the time you get to trial and you obtain a not guilty verdict, I will immediately present to the court a motion to reinstate your driver’s license. The court has discretion to allow the motion.
Should I admit to having consumed alcoholic beverages?
You have the right to refuse to answer questions asked by the police. Your refusal cannot be used against you at trial. If you admit to drinking it will likely be used against you at trial even if the police have not informed you of your Miranda rights.
I took the breathalizer and failed. Does this mean I don’t have a defendable case?
Failing a breath test is not necessarily fatal to your defense. Many breath tests are not admissible at trial for a variety of reasons and an experienced lawyer will know what to look for in trying to exclude the tests.
Even if the test is admissible, the jury must be unanimously convinced beyond a reasonable doubt that the results are accurate. Attacking the science behind the testing as well as the test procedures can sway the jury towards a not guilty verdict.
I was involved in a serious accident, I admitted to drinking, failed both the field sobriety tests and the breathalyzer, should I give up?
You can prevail even if the evidence appears insurmountable. I have won many trials where all of these factors were present and even more evidence existed such as empty containers and lengthy confessions. Do not give up until you consult with an experienced trial lawyer.
The police also found drugs in my car, will this hurt my case?
It may be possible to keep the jury from hearing anything about this. If the police violated your constitutional rights by conducting an illegal search then the court will suppress any evidence obtained by the police. Certain defenses may also be available to keep this information away from the jury. I have obtained successful verdicts in many cases that involved the discovery of illegal drugs, firearms or other damaging items.
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