Maine’s Premier DUI
& Criminal Defense Law Firm

Defending Against An OUI Charge Pt. 2

Once you have decided what your plea will be in an OUI, operating under the influence of drugs/alcohol, case, with the help of an experienced OUI attorney, your next step will be to develop a successful defense strategy. This is not just a matter of deciding that you are not guilty, although the prosecution has the burden of proof in an OUI case, but a decision of what needs to be fought versus what can be proven. Even one wrong decision, or neglected piece of information, can make a huge difference in the case.

Your attorney will look at a variety of information when building the defense strategy, such as the following, without limitation:

Miranda rights. If you were not read your rights while in custody, then the police cannot use the evidence they gained against you in court. You have a right to be silent, the right to choose what you say since it will be used against you or for you, the right to competent legal representation, and the right to ask for an appointed attorney if you cannot afford one.

Eyewitness testimony. The prosecution has to prove that you were operating under the influence, beyond a reasonable doubt. If no one saw you driving, this becomes very difficult. When there are witnesses, your attorney will likely seek ways to discredit each one, whenever possible.

Chemical test results. These can present the most damning evidence against you, coupled with any refusal to test. Your attorney may struggle with defending against a refusal, but even a failed chemical test offers a few defense strategies.

Officer testimony. Officer testimony is often another very crucial aspect in the case. An experienced OUI attorney will know what to say and when in order to cast doubt on the officer's words and knowledge, with information ranging from 'Is the machine in working order and up-to-date?' to 'Are you sure that Mr. Doe was driving the vehicle?'

There are many other aspects of a defense strategy that will be questioned, examined, or debated during the course of the case. However, you should never try to do it without help from a licensed OUI attorney, since the stakes are so high.

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