Legal Question in DUI Law in Massachusetts

Re: 3rd oui

Hi,

It depends on some other factors, but generally, not taking the BT and not taking FST's improves your chances of beating a case.

Jessica

Re: 3rd oui

You've almost certainly got to take this to trial. You probably have a reasonable shot at acquittal given the absence of both a breath test and field test. In my experience, juries are very reluctant to convict OUI where the DA's case evidence is basically, "I saw him swerving, I pulled him over, I observed slurred speech, I arrested him..." Without either test to really convince the jury, the defense has room to argue this was a rush to judgment.

Feel free to contact me if you would like to discuss this further.

Re: 3rd oui

It depends upon whether you have a triable case which depends upon the facts and the possibility of being able to suppress your admission to having consumed four (4) beers.

Retain a good attorney. You have everything to gain by taking the case to trial. Good Luck!