Kennebunk DUI Lawyer
High-Level Training and Experience
Along with concerns and questions about the DUI process and penalties, one of the most frequently asked questions in OUI cases is whether the charges could be successfully defended. An arrest for DUI or boating under the influence (BUI) does not necessarily mean you will be convicted. In some situations, a skilled Kennebunk DUI lawyer from Law Office of William T. Bly can get the charges dropped, thus avoiding a trial or the threat of any penalties. Whether you were arrested for a commercial, first, second, third or out of state DUI or one that involved injury, drugs or leaving the scene, our goal remains the same. We fight to produce the most favorable outcome possible. The Kennebunk Police Department is working to raise awareness of the dangers of drinking and driving through the viewings of the video Point of No Return. With this heightened attention on DUI, it is vital that your rights and freedoms be safeguarded.
Challenging DUI evidence consists of equal parts hard work, aggressive tactics and a thorough knowledge of DUI law and related matters. We have been trained in forensic blood and urine testing in DWI cases. Our lead attorney worked as an intern prosecutor in the Cumberland County District Attorney's Office in Portland, Maine and knows the criminal prosecution system inside and out. If you are represented by us, you will have an attorney who knows the standardized field sobriety tests and is qualified to instruct others on the standards laid out by the International Association of Chief of Police and the National highway Traffic Safety Administration. You will also be defended by a lawyer who is one of a select few to receive certification as a Breath Alcohol Technician.
Our firm has successfully represented those accused of many types of DUI crimes including cases involving drugs, serious injury, aggravated circumstances, high breath tests and ones in which blood was drawn. In recognition of our committed efforts on behalf of those accused of DUI offenses, our lead attorney was recognized as a Rising Star in DUI/DWI/OUI defense by New England Super Lawyers Magazine. Only 2 lawyers in 6 states received this honor.
How can your DUI charge be defended?
Frequently, the first place we can mount an attack against your charges is in an unlawful police stop. Law enforcement is required to have sufficient and legal grounds to pull you over and to conduct tests for sobriety or levels of intoxication. Our state demands that the police have "reasonable articulable suspicion" before they pull you over. This means that there must have been a reason, which made sense and conformed to the law. If our research and investigation finds that your rights were violated when you were stopped or arrested, it may be used to effectively fight the charges against you. In some cases, we can get the evidence against an individual ruled inadmissible and the charges dismissed.
When an officer feels you may be intoxicated, he or she can administer several field sobriety tests. The normal tests are the walk and turn, the one leg stand and the Horizontal Gaze Nystagmus (HGN). The walk and turn has a person walk heel to toe in a straight line, turn on one foot and then walk back in the same way. It can be taken as a sign of intoxication if you can't walk an arbitrary straight line perfectly, if you lose your balance or even if you don't walk with the heel after the toe. One of the problems with the test is that many people, without having consumed any alcohol, can have a hard time with this test. The one leg stand makes you stand for a specific amount of time with one foot off the ground. If you have a hard time maintaining your balance or place your raised foot on the ground briefly, it can be considered a "failed test." Again, physical, medical and other problems can prevent someone who is not intoxicated from performing well on this test.
Commonly, breath or blood tests will be used to establish blood alcohol content. Problems can arise with faulty readings if the machines used are not properly calibrated and maintained. Additionally, if exact protocols are not used in how the tests are conducted and samples are taken and maintained, significant doubt as to their reliability can be raised.
These are but a few of the methods that a dedicated attorney from our firm may use to build your defense. If you are interested and want to learn more, please call or contact us by email us so that work on your case can begin.
If you have been arrested for DUI, contact a Kennebunk DUI attorney from our firm to understand what your best legal options are.