DUI Defense Attorney in Worcester, Massachusetts
Challenging Breathalyzer and Field Sobriety Tests
If you have been charged with drinking and driving based on the results of a field sobriety or breathalyzer test, you may mistakenly believe that it is in your best interests to simply plead guilty. You may also erroneously believe that you will get a reduced sentence by pleading guilty rather than defending the charges in court. You want an experienced lawyer to protect your interests, one who has worked extensively with sobriety and breathalyzer tests, who knows how to effectively challenge the results of these tests.
At the Law Office of Richard A. Mulhearn, P.C., we defend people throughout the state of Massachusetts who have been charged with DUI or drunk driving based on the findings of a sobriety or breathalyzer test. We know from experience that the results of these tests can be effectively challenged in court. We have built our successful career on a willingness to stand up for people charged with DUI. For a free initial consultation, contact us by e-mail or call 508-762-4592 (toll-free at 866-528-9032).
Protecting Your Rights after a Sobriety or Breathalyzer Test
When you have been stopped for suspicion of drunk driving, you are not required to submit to a field sobriety test. You have the right to refuse and you cannot be penalized for refusal, nor can the fact that you refused be used against you in court. Field sobriety tests are often a tool used by law enforcement officers to argue that there was probable cause to arrest you and bring you to the police station, where you will be asked to submit to a breathalyzer test.
Though you can refuse to submit to a breathalyzer test during the traffic stop, and your refusal cannot be used against you in court, your refusal at the police station can lead to automatic suspension of driving privileges. Under the implied consent laws of Massachusetts, you agree to submit to chemical tests in exchange for the right to drive. Please note that because the portable breathalyzer is considered part of the field sobriety test, you can refuse to take a portable blood alcohol test without automatic license suspension.
At the Law Office of Richard A. Mulhearn, P.C., we will carefully examine the facts and evidence surrounding the administration of field sobriety or breathalyzer tests to determine whether they were properly conducted. We will also review the chain of custody of any evidence to verify that it was not compromised. We will use our experience to examine all the possible defenses to reduce or dismiss the charges against you.
To schedule a free initial consultation, contact our office by e-mail or call 508-762-4592 (toll-free at 866-528-9032). We are available to meet with you if you are in custody or to take your call 24 hours a day, 7 days a week. Our office is conveniently located in downtown Worcester, close to the courthouse.