If you’re charged with Operating Under the Influence (OUI), it can result in severe consequences like license suspension, expensive fines, and even imprisonment. Unfortunately, many misconceptions and myths about OUI lead to confusion and wrong actions. Let’s debunk these false beliefs so that you can get the correct information about OUI charges in Cape Cod.
Myth #1: You Can Refuse a Breathalyzer Without Any Consequences
There is a common belief that declining to take a breathalyzer test guarantees you won’t be charged with OUI. However, in Massachusetts, there is a law called implied consent. With that, if you drive on public roads, you have already agreed to take a chemical test if you get arrested for OUI. Your license may be suspended automatically by refusing to take the breathalyzer test.
Myth #2 – You Don’t Need an OUI Attorney
While some people may think they can handle an OUI charge on their own, these cases involve analyzing scientific evidence and understanding the specific legal nuances of the offense. With an experienced OUI attorney on your side, you can rest assured that they can evaluate the strength of the prosecution’s case and develop a strategic defense plan customized to your situation. Working with a skilled attorney can significantly improve your chances of a favorable outcome and minimize the potential consequences.
Myth #3: You Can’t Challenge a Breathalyzer or Field Sobriety Test
A popular misconception is that breathalyzer or field sobriety test results are always accurate and cannot be disputed. However, these machines and roadside tests are not completely reliable. They can give incorrect results due to faulty calibration, mistakes made by the officer, or certain medical conditions.
Many times that could result in false positives. If you have been accused of OUI, an attorney can examine the details of these tests and question their credibility in court. This could lead to reduced charges or even dismissal of the case.
Myth #4: A First-Time OUI Offense Is Not a Big Deal
Another falsehood is that first-time OUI arrests are minor offenses with minimal consequences. In Massachusetts, even a first-time OUI conviction can lead to significant penalties, including:
- License suspension
- Mandatory alcohol education programs
- Increased insurance premiums
Also, subsequent OUI offenses carry even harsher penalties. You need to take any OUI charge seriously and seek legal representation to protect your rights and mitigate the potential consequences.
Myth #5: Pleading Guilty Is Your Only Option
If you have failed a breathalyzer test or have been arrested for OUI, pleading guilty is not your only legal option. You can fight the charges with the assistance of an experienced OUI attorney. They can help you explore defense strategies, challenge the evidence against you, and negotiate with the prosecution for reduced charges or alternative sentencing options.
Get Legal Help for Your OUI in Cape Cod
By debunking these misconceptions, you have the right information to dispute these charges. Remember, knowledge is power when defending yourself against OUI charges in Cape Cod.
At the Law Offices of Joseph D. Bernard P.C., we have been helping clients for over 50 years, bringing thousands of OUI cases to a successful conclusion. We’re committed to delivering outstanding defense services to clients in Springfield, Hyannis, and Belchertown, as well as throughout Cape Cod, Massachusetts. We provide a free and confidential consultation to discuss your case. Contact us by calling (413)-731-9995 or texting (413)-225-2072 today!