Many different things can occur when you are pulled over because an officer thinks you are driving drunk. You should do your best to remember what happens so that you can discuss the experience with your attorney when you are preparing your defense.
The defense that you choose can have a huge impact on the outcome of your case. Your lawyer needs to understand the circumstances, in detail, to determine how to best handle the case. Here are some possible defense options that can be used when you are facing DUI/OUI charges in Massachusetts.
Two types of defenses
Defense strategies for drunk driving offenses fall into two types: challenging or affirmative. These have specific purposes. Of the two types, challenging is used more frequently. The affirmative strategies acknowledge that you were driving after drinking, but they provide an excuse as to why that behavior was necessary; therefore, most people don't use them.
The defense strategies that challenge specific aspects of the case are much more common. These can call just about every facet of the prosecution's case into question. These include why you were pulled over, how the officer handled the traffic stop, how it was determined that you were impaired, and when blood alcohol testing occurred. All of these elements can have an effect on the evidence being used against you and might lead to some of it being considered invalid.
Deciding on a strategy
A defense attorney must consider all of the aspects of the incident to determine how to proceed. His or her job is to call the prosecution's claims into question. If your case goes before a jury, you want the jury to have reasonable doubt about what the case against you claims. By doing this, you could make it difficult for them to issue a conviction.
Your defense should be fully honest. As you are planning your strategy, you must think about how your statements might be perceived. In most cases, there is more than one way to make a statement, so deciding the way that will be best received is necessary. Think of how a person who is telling a story might change the presentation to get a specific point across.