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Suspected DUI OUI Traffic Violation

If a police officer believes he has probable cause of an OUI DUI violation and initiates a traffic stop be sure to pull your car off of the road. This not only ensures the safety of the police officer but can significantly reduce the chances of having your car towed should you be arrested.

Roll down your windows and breathe. Stay calm and pop a breathe mint or piece of gum if you may have had a drink or two. Whatever the case do not admit to drinking any alcoholic beverages. Incriminating yourself helps make the police officers job of arresting you that much easier.

You do not have to lie. The Fifth Amendment gives you the right to remain silent. Be cooperative but only answer questions when neccesary. Do not in any way provide evidence that the officer can later use against you.

Should the officer become suspicious he may ask you to perform a field sobriety test, such as reciting the alphabet or counting. You should refuse these tests as well as any others, including but not limited to standing on one foot, walking a straight line, or following the officers pen with your eyes.

You should inform the officer that you are refusing all tests on the advice of your attorney. They need probable cause to arrest you and failing any of the tests to the officers satisfaction would most likely provide them with the probable cause they are seeking.

Without probable cause of an OUI or DUI violation the officer is left with few options available. Should he go ahead and decide to arrest you your chances of beating the arrest in court have significantly improved, that is providing that you also refuse all of the sobriety tests once brought into the police station. There you will be recorded and failure of a sobriety test here will absolutely hurt your chances in court.

Refuse the breathalyzer as well as the blood and urine tests used to determine your blood alcohol content (BAC). In Massachusetts you will lose your liscense for refusing these tests, it is called Administrative Licence Suspension (ALS), but without adequete evidence in the form of failing the sobriety tests or a positive blood alcohol content (BAC) test showing greater than .08 the police will have a hard time obtaining a conviction.

Depending on your previous refusal of field sobriety tests or convictions for OUI DUI infractions your licence will be taken by the police officer with suspension begining immediately and it could automatically be suspended for a period of 90 days to Five years. Usually in Massachusetts the Law allows a suspension of 180 days for your first DUI OUI offense. If you take the Breathalyzer and fail your licence will only be suspended for 30 days however the resulting court costs, fines and increased insurance premiums are considered by some to far outweigh the cost of having the charges dismissed later for lack of evidence.

If you have reached this point you will be processed and released on bond or awaiting your araignment in court.

Now is the time to contact an experienced and competent DUI/OUI Attorney.

Among the many things that an experienced DUI/OUI Attorney will be able to do, espesially in Massachusetts, is to prevent the prosecution from bringing evidence of your refusal of all sobriety tests should your case go to court.