Somerville OUI Lawyer

Being charged with an OUI in Somerville is more common than most people think. The Somerville, and surrounding towns’ police departments are vigilant at stopping those suspected of being intoxicated while driving. You should know that, just because a Somerville officer stops your vehicle and ultimately charges you with OUI, your case is not an end-all be-all. OUI cases are winnable and there are many strategies to winning these types of cases in court.

The officer may have requested that you submit to an alcohol breath test and some field sobriety tests; this is all a part of the process and how they build their case against you. However, your performance on the field test and the breath test often give us leverage to challenge the officer in court. Field tests are subjective, and in Massachusetts, currently, the breath test is undergoing litigation regarding its reliability. A DelSignore Law attorney can go over these types of issues with you.

If you were arrested in Somerville, your case will be heard locally at the Somerville District Court. The court is located at 175 Fellsway, Somerville, MA 02145.

You failed the field sobriety tests asked of you by the police, and now you find yourself facing an OUI charge. As mentioned previously, do not fret as these field sobriety tests are often challenged in court. There are three field sobriety tests that are approved by the National Highway Traffic Safety Administration:

1. Nine Step Walk & Turn
2. One Leg Stand Test
3. Horizontal Gaze Nystagmus

It is likely that the officer had you perform all three of the tests, and maybe had you perform additional ones such as the ABC test. The problem with these tests is that not only is test performance subjective, the basic ideology is that everyone can perform these tests without problem. However, we know that this is not true. Not everyone is in perfect physical or mental health, and some people may have underlying health conditions that impact their performance.

Additionally, stress can hinder performance, and most people are extremely nervous from the minute the blue lights go on. The police officers are trained to look for certain indicators of failure, such as dropping your leg or swaying during the one leg stand, for example, but these tests are subjective and therefore are very easy to challenge in court.

Many police departments, nowadays, have cruiser cam video which likely captured your performance on the tests. Often times this video can be helpful for your case, as many people do not perform as bad as they think on the tests. If applicable, we can use the video in court to exemplify what you do right on the field tests. At DelSignore Law, we have taken this approach with many of our cases and have been successful!

At DelSignore Law we understand that the breath test, license consequences, and court proceedings after being charged with OUI are extremely confusing and downright stressful. We would be happy to set up a time for you to come in and go over your case. We have countless years of representing clients charged with OUI in courts across Boston.

Feel free to call us 7 days a week at 781-686-5924. Your first appointment with us is complimentary and you will not have to pay anything for the consultation. We want to make sure you understand the charge you are facing and OUI law in Massachusetts.

You can find more information on our website about field sobriety tests and the breathalyzer test.