Some motorists feel as though their arrest for DUI is a slam-dunk conviction for prosecutors. However, it's important to remember that our constitutional laws regarding search and seizure play a significant role in how law enforcement officials are tasked with preventing drunk drivers from endangering others on our roads. Generally, police must act responsibly to preserve your rights against unreasonable searches while simultaneously balancing the public's need for safety.
The Massachusetts legislature has given tremendous powers to enable police the ability to detect whether or not a driver suspected of drinking and driving has actually consumed alcohol. Perhaps one of the biggest examples of this is the so-called "implied consent law". This law essentially presupposes that drivers have agreed to consent to law-enforcement testing of their blood or breath for the presence of alcohol simply because they have received Massachusetts driver's licenses.
Unfortunately, the implied consent law is sometimes abused. This is because a police officer can force you to perform a field sobriety test, or arrest you and require your submission to a breathalyzer or blood test under penalty of enhanced license suspensions. You need to know that despite these significant advantages the penalties attached to the implied consent law only apply in cases where the police have followed the rules. For example, only in situations where the reason for the police to stop you was lawful. Or in situations where the officials who administered your sobriety and blood alcohol testing had observed proper procedures during your arrest.
In a previous article on our blog, we wrote about a case involving improper police procedure during a DUI arrest. In that case, an Attleboro District Judge threw out DUI charges against a man after learning that police had not informed him of his right to independent chemical testing.
Based in North Attleboro, our law firm's principal attorney is a former prosecutor. Our law firm understands Massachusetts criminal laws and how they affect the individual rights of a person accused of drinking and driving. Our firm offers free consultations to potential clients to discuss strategies designed to preserve their rights against drunk driving charges.