If you have been arrested for driving under the influence, you may be feeling hopeless or helpless. After all, police do not usually make drunk driving allegations lightly, and they will usually only charge individuals who fail sobriety tests and whose sobriety they believe they can reasonably question. However, just because you fail a sobriety test does not necessarily mean that you were too intoxicated to drive. Of course once police arrest someone for DUI or OUI, they will aggressively pursue a conviction, which is why accused individuals must take a similarly zealous stance in their defense.
A Massachusetts resident was involved in a car accident recently in New Hampshire. According to a police investigation, the Massachusetts man was struck by another vehicle as he was trying to cross Route 111. Two individuals were hospitalized after the accident, one of whom was a 13-year-old passenger in the Massachusetts man's car.
When police arrived at the scene, they alleged that the Massachusetts man was impaired. Police claim that the man blew a BrAC of 0.27 percent, which is more than triple the legal limit. He now faces charges of aggravated driving while intoxicated.
If you find yourself in a situation in which a breath test indicates that you are severely intoxicated, you must not lose hope. Breathalyzers can be improperly calibrated, and in fact any sobriety test can be administered incorrectly. There are many different legal precedents that must be followed for a drunk driving accusation, such as proper search and seizure, reading of Miranda rights and others. There is no such thing as an open-and-shut case, and with the help of an attorney, you can build a case in your defense that can have your charges reduced or dropped altogether.
Source: North Andover Patch, "North Andover Man Arrested for DWI After Crash in NH," Tony Schinella, May 26, 2015