Unlawful Police Stops and Your Rights
The DUI process involves a criminal case and a suspended driver's license action by the Bureau of Motor Vehicles. Each demands a high level of knowledge of DUI and the law and an aggressive attitude in order to effectively tackle the charges. We have had success in resolving many types of DUI offenses from DWI/OUI cases which used blood or breath tests, incidents involving accidents and injury or drug related charges to aggravated DWI and many others. Hiring a determined Boothbay attorney from The Law Office of William T. Bly means you have the committed services of an attorney who is trained in special course on forensic blood and urine testing for DWI cases. You will also have a lawyer who is qualified to carry out and instruct others on the standard field sobriety tests used by police and someone who is certified by the U.S. Department of Transportation as a Breath Alcohol Technician. DUI penalties can be tough, both on the person found guilty and their loved ones. You deserve the best trained, most accomplished lawyer you can retain.
Your case actually started before you were arrested. State routes 27 and 96 cross Boothbay and especially during the summer, law enforcement is on high alert for those they believe are driving while intoxicated by drugs or alcohol. The law in Maine states, though, that an officer must have reasonable, legal grounds for stopping you. Examples would be driving erratically, running a red light, speeding and similar situations. An unlawful police stop can result in an illegal search and seizure, in violation of your rights. That is where we first investigate to establish what occurred and if there was an abuse of the law. Evidence which is obtained in an illegal manner may provide us with an effective method of getting your case dropped, no matter if it is a first, second or third DUI or one in which an underage individual was involved.
After you were stopped, you may have been asked to take one or more of the field sobriety tests used by law enforcement. These tests depend upon the subjective viewpoint of the officer who conducts them or, in other words, what the police believe they observed. An officer can be poorly trained in how the tests are to be administered, and could have failed to follow the correct procedures. The tests contain an inherent defect and in many cases a person who was not intoxicated could still fail to pass them. In many instances, an attorney at our firm will know more about these tests and how they should be carried out than the arresting officer. We know how to find the errors and take swift advantage of them, whether you were arrested for drunk driving up to a felony DUI.
Finding Errors in DUI Breath and Blood Testing
Per Maine's "implied consent" law, when you were issued your driver's license you agreed automatically to submit to a chemical test when law enforcement feels they have good reason to ask for one. Your license will be suspended immediately if you refuse to take these tests and the eventual penalties you face will be increased. Even if you refused the test, we should review your case at once for flaws. If you were tested, you should know that breath and blood tests are not infallible, as we have successfully proven many times in court.
Breath tests use a unit called a breathalyzer that must be properly maintained and calibrated in order to be accurate. The device is supposed to detect ethyl alcohol in your breath which shows your blood alcohol content (BAC). There are physical conditions and the use of substances other than ethyl alcohol which can skew the tests and make the results unreliable. Our office works hard to find errors made by law enforcement so that room for significant doubt can be raised as to your guilt.
Although blood tests are commonly considered the most reliable method of measuring BAC, specific protocols must be followed if they are to be used as evidence. Preparing the area where the blood sample is to be drawn, use of authorized personnel to carry out the test, proper storage and handling of samples and more are areas where an experienced lawyer can look for slip-ups. If errors are made, we use these to forward our strategy for your case.
Whether you were arrested for a commercial DUI, leaving the scene, an out of state DWI or vehicular manslaughter, you are going to need a dedicated defense and a firm that have a proven record of success. Our lead attorney was one of only two lawyers selected as a Rising Star in DUI/DWI/OUI defense by New England Super Lawyers magazine.
If you or a loved one were arrested for DUI, quickly contact a Boothbay DUI lawyer from our office for aggressive, proven legal counsel.