Lowell Sobriety Test Defense Attorney

Challenging Your DUI / OUI Arrest

Chemical OUI / DUI tests are not always accurate. As a result, it’s essential that you hire an attorney that is trained in OUI / DUI testing and understands the forensic and technical issues involved in their proper use.

When making a DUI arrest, an officer must first have reasonable suspicion to pull you over. "Reasonable suspicion" may involve weaving, driving erratically, speeding, or violating a traffic law. If after pulling you over, an officer believes you may be driving under the influence, you may be asked to perform a field sobriety test. The field sobriety test is intended to provide probable cause to arrest you. If, in the judgment of the officer, you fail the field sobriety test, you may be arrested and asked to submit to a breathalyzer or blood test. However, if an officer doesn't have reasonable suspicion to pull you over, improperly administers the field sobriety test, or uses a poorly calibrated breathalyzer, the charges against you must be dismissed.

At the Oberhauser Law Offices, we've represented countless people arrested for drunk driving. Too often, however, people make the mistake of assuming that just because an officer pulled them over, made them walk a straight line, and blow into a breathalyzer, the evidence against them is unquestionable. Before you plead guilty to a DUI charge, contact DUI / OUI defense attorney Gregory Oberhauser today to schedule a free consultation to discuss your case.

The Field Sobriety Test

Most police departments use the National Highway Traffic Safety Administration's DWI Detection and Standardized Field Sobriety Testing Student Manual when administering field sobriety tests. The manual itself is very detailed, specifying where and how to give a sobriety test. Not only should the test area be flat and dry but the manual instructs officers in what they should do if a test subject pauses, shifts weight from one leg to the other, or raises his arms more than 6 to 8 inches. In short, there are very detailed protocols that must be followed. Do officers always follow the detailed procedures of the manual? Unfortunately, when in the field, an officer is both judge and jury. As your attorney, Mr. Oberhauser identifies departures from accepted standards involving field sobriety tests, questioning an officer's administration of the test and the conclusions drawn in establishing probable cause for your arrest.

Breathalyzer Tests and DUI / OUI

Breathalyzers must be maintained and calibrated correctly. And, even if calibrated according to factory specifications, a number of forensic experts have questioned the application of Henry's Law and partition ratio - a specific alcohol to blood ratio - its manufacturer has used in the design and functioning of the Draeger 7110 or the 9510. As a result, the possibility of inflated results is greater than many people realize. As your attorney, Mr. Oberhauser reviews the maintenance schedule of the machine used in your arrest and checks to see if it has issued any false-positives in the past. In cases where a person's blood alcohol content (BAC) is measured slightly above .08%, how the officer asked you to blow into the device and whether you were asked to provide multiple samples using the same mouthpiece may have artificially inflated the results.

Blood Tests and DUI / OUI

Blood tests typically provide a more accurate measure of BAC. However, the result of a blood test can also be affected by a number of factors: did the nurse swab your arm with alcohol before drawing your blood? If vacuum tubes coated with preservative were used to store your blood, were they expired? Did the sample collected contain mostly whole blood or serum plasma? Was it a preliminary test or one that used gas chromatography (GC)? If GC wasn’t used, the results are less dependable and subject to greater questioning. These are only some of the issues that could arise to call into question the results of a blood test.

Urine Tests and DUI / OUI

Since water can stay in a person's system over a long period of time, urine tests are not as accurate as blood or breathalyzer tests. This is especially important in cases where a person's BAC is near or slightly above .08%. Additionally, like blood tests, urine tests can detect the presence of drugs in a person's system. Even if the last time you used marijuana, cocaine, or some other illegal drug was a few weeks ago, you can still be charged with a crime in Massachusetts. However, certain prescription drugs and over-the-counter medications can cause false-positives, making it important to question the results of a positive urine test if you take medication.

Contact Lowell, Massachusetts DUI Defense Attorney Greg Oberhauser

Just because a DUI test indicates you are over the legal limit doesn't mean that it's true. If you've been arrested on charged of drunk driving, contact DUI defense attorney Greg Oberhauser today to schedule a free consultation to discuss your case.