Westfield OUI Lawyer
The Advantages of Proven OUI Representation
Because Westfield is on the outer reaches of the most densely populated region in the U.S., the possibility of being charged with OUI and dealing with the consequences is significantly higher. If you have been arrested on an OUI-Liquor or OUI-Drugs charge, retaining a committed Westfield OUI attorney from The Law Offices of Joseph D. Bernard gives you several distinct advantages. We have over 23 years of experience in representing those charged with OUI offenses, ranging from first time OUI, secondary or greater OUI and out of state OUI both for those living in and visiting Massachusetts.
As with many professions, experience practicing the law plays a significant role in the final result that is achieved. OUI cases rely on specific evidence, known law enforcement procedures and predictable prosecutorial methods. If your lawyer is not intimately familiar with these methods, mistakes can go unobserved and will not be taken full advantage of. In some cases, it may just take presenting evidence of an improper police stop to prevent evidence of impairment from being admissible against you in court. Without sufficient evidence, a prosecutor does not have a viable case.
Attorney Bernard served as an Assistant District Attorney in Hampden County for 4 years. He will bring not only first-hand knowledge of law enforcement evidence-gathering techniques, but years of experience prosecuting cases. This gives The Law Offices of Joseph D. Bernard a unique perspective in defending your case. We know howprosecutor's cases are put together and what types can be considered "weak" or "strong." Our firm also understands the type of charges which can be negotiated and the actions that can be effective to reduce the OUI penalties you may face.
We take pride in purposefully limiting the number of cases that we take on. By doing so, we are able to provide high quality and skilled representation. With our firm, your case is not just one of many that we push through the line to completion.
Flaws in Field Sobriety Tests
The crucial points of any OUI case are the results of any field sobriety tests that were conducted and chemical tests (breath and blood) that were taken. What happens, though, if the tests themselves are flawed?
Field sobriety tests were developed by the National Highway Traffic Safety Administration (NHTSA) to help law enforcement in detecting individuals who are under the influence of alcohol. The usual tests are the Walk and Turn (WAT), the Horizontal Gaze Nystagmus (HGN) and the One-Leg Stand (OLS). At times, you may also be asked to recite the alphabet to test your mental awareness. For many individuals, these tests would be difficult to impossible to pass, no matter if they had consumed alcohol or not. The use of certain medications, existing physical conditions, an individual's age, inability to understand what is being asked, anxiety, the weather and the state of the environment can all cause a person to fail. Also, a test may be wrongly administered, which can leave the results in doubt. In many stops, it is the subjective belief of a police officer that leads to a failed test. Depending on the circumstances of your case, an experienced lawyer can challenge the validity of your results and subsequent charges.
Breath and blood tests are used to test blood alcohol concentration or BAC levels. In Massachusetts, a driver can be arrested for having a BAC of .08% or higher. A device called a breathalyzer is used to determine your BAC but if the machine is not properly calibrated or maintained, the results can be in error. In addition, the device can read on substances other than ethyl alcohol which can make a person appear to be intoxicated when they are not. The results from blood tests can become skewed or false if samples are incorrectly taken or improperly maintained. Errors that our office is trained to look for can call into question the results.
If you are convicted of an OUI offense, the penalties can be harsh. Punishments range from community services and heavy fines to jail time and lengthy loss of license. Hire attorneys with a track record of success and an unparalleled knowledge in the area of DUI defense.
We have tried over 200 cases at jury trials in criminal defense matters. Although many OUI arrests can be resolved before reaching trial, it is essential to have an accomplished litigator on your side. To learn more about us and the safeguarding of your rights and freedoms, contact an attorney at our firm today.
Westfield Resource Links
Trained Breath Test Machine Operator
Attorney Joseph D. Bernard is the only lawyer in Massachusetts to have completed the breath test training conducted by the state police.
Certified Field Sobriety Test Administers
Our attorneys are certified administers of the field sobriety test by the National Highway Traffic Safety Administration.
Former Assistant District Attorney
We understand OUI cases from both sides of the fence and know exactly how to defend our clients.
Unique Certification & Expertise
Attorney Joseph Bernard is the only lawyer in Massachusetts to be certified by the international acclaimed Borkenstein drug and alcohol courses.