Woman about to use a Breathalyzer

DUI Defense Strategies in Massachusetts: Challenging the Evidence

At DeGiacomo & Mikhlin, P.C., we understand the severe consequences that individuals face when charged with a DUI (Driving Under the Influence) in Massachusetts. A DUI conviction can significantly impact your personal and professional life. However, it is crucial to remember that being charged with a DUI does not automatically mean guilt. Our experienced team of DUI defense attorneys is well-versed in Massachusetts law and can help you challenge the evidence against you. In this blog post, we will discuss some effective DUI defense strategies that we employ to challenge the evidence and protect your rights.

Challenging the Traffic Stop

One of the key elements in a DUI case is the initial traffic stop. Law enforcement officers must have reasonable suspicion or probable cause to pull you over. If we can establish that the traffic stop was unjustified or lacked proper legal basis, we can challenge the admissibility of any evidence obtained after that, including field sobriety tests and breathalyzer results.

Contesting Field Sobriety Tests

Field sobriety tests (FSTs) are commonly used by law enforcement to gather evidence of impairment. However, these tests are subjective and can be influenced by factors such as poor weather or pre-existing medical conditions. Our experienced DUI defense attorneys thoroughly analyze the administration of FSTs to identify any errors, inconsistencies, or biases that may have occurred. Challenging the reliability and accuracy of these tests can significantly weaken the prosecution's case.

Questioning Breathalyzer Results

Breathalyzer tests frequently estimate blood alcohol concentration (BAC) levels. However, these devices are reliable and can produce accurate results for several reasons, including improper calibration, maintenance issues, or operator error. Our DUI defense team investigates the circumstances surrounding the administration of the breathalyzer test to identify any potential errors. If we can demonstrate that the breathalyzer results are unreliable, we can challenge their admissibility in court.

Disputing Blood Test Evidence

Blood tests are another method used to measure BAC levels. However, like breathalyzer tests, blood tests are not immune to errors. Our skilled attorneys scrutinize the collection, handling, and analysis of blood samples to ensure that proper protocols are followed. We also examine the chain of custody to identify any potential mishandling or contamination of the sample. Challenging the integrity and accuracy of blood test results can significantly impact the prosecution's case against you.

Investigating Police Conduct

Law enforcement officers are required to follow specific protocols during a DUI investigation. If there is any indication of misconduct, such as failure to properly read Miranda rights, illegal search and seizure, or violations of your constitutional rights, we will thoroughly investigate and challenge these actions. Any evidence obtained due to police misconduct may be suppressed, weakening the prosecution's case.

Being charged with a DUI in Massachusetts can be an overwhelming and stressful experience. However, you can challenge the evidence against you with the right legal representation and protect your rights. At DeGiacomo & Mikhlin, P.C., our dedicated DUI defense attorneys have the knowledge and experience to employ effective strategies that challenge the evidence presented by the prosecution. We understand the complexities of Massachusetts DUI laws and are committed to providing you with a strong defense. If you or a loved one is facing DUI charges, don't hesitate to contact our firm for a confidential consultation. We will fight vigorously to secure the best possible outcome for your case.

Contact DeGiacomo & Mikhlin, P.C. today to discuss your case and explore the best defense strategy tailored to your circumstances!