Do I Need A DUI Attorney?

Believe it or not, there are a lot of DUI cases that are dropped, but without aggressive and experienced legal representation from a DUI Defense Attorney, you do not have the same chance of having your charges dropped or greatly reduced.

A DUI Defense Attorney knows the loopholes, best defenses, and how to make an independent investigation into your case in order to prevail on your behalf. An overlooked mistake like an illegal stop or having an uncertified officer take your breathalyzer test can get all of your charges dropped, letting you walk away scotch free. Most people don't know how to do these things on their own, but if you get an experienced DUI Defense Attorney, your chances of winning are increased greatly.

In Massachusetts, You Are Innocent Until Proven Guilty

Most people have a general understanding of this concept, but don't know how to apply it when it comes to an OUI/DUI charge.

Taking it a step at a time, think about this: before convicting you of Operating Under the Influence of Alcohol or Drugs, the Commonwealth of Massachusetts (through the District Attorney's Office) must prove your guilt "beyond a reasonable doubt." This is the highest burden of proof in the justice system.

Our DUI Defense Attorneys explain the different burdens of proof to a Judge or jury like this:

• The lowest burden of proof is called "probable cause". If you've ever received a ticket for speeding on the Massachusetts Turnpike, and disagreed with it, the level of proof is such that all the police officer needs is less than a 50% chance to write you a ticket, or to arrest you.
• The next highest burden of proof is called a "preponderance of the evidence". This is the "more likely than not" amount of proof (some refer to it as the 51% standard) that is required in a Massachusetts civil court case where people sue each other for money damages.
• The next highest burden of proof is called "clear and convincing evidence". This burden applies to termination of parental rights cases in the Probate and Family Court and requires the Judge to have a "firm belief" in the matter to be proved.
• "Beyond a Reasonable Doubt" is the highest burden of proof. It is a much higher burden than the clear and convincing requirement. Because your freedom is at stake, the Judge or the jury must be absolutely positive that you were operating a motor vehicle, on a public way, under the influence of alcohol or drugs before they can find you guilty and thus brand you as a criminal for the rest of your life.

Simply put, if there is a single doubt, based on reason, as to your being intoxicated, a Judge or jury must follow the law and find you not guilty. Not having an attorney defend you in your case is the worst choice a person can make.

Ask around at the courthouse or when you speak with the District Attorney's Office and they'll tell you that you really don't need to retain legal counsel. If you listen to them, you'll see how they will make every effort to have you receive the maximum penalty for each of your charges, regardless of whether this is your first offense. You should also know that people associated with the court are primarily interested in moving your case through the system as quickly as possible – which is often not in your best interest.

If you choose to resolve your case on your own, the ramifications of a DUI conviction will go far beyond your feeling that you just want the case to "go away". Your life, and that of the people around you, will be dramatically different if a conviction is made without giving a DUI Defense Attorney an opportunity to review the facts of your case and fight the charges.

When people tell you that having a lawyer represent you will not help, ignore them. Remember, you are innocent until proven guilty.

FREE Initial Consultation

Our Massachusetts DUI Defense Attorneys understand that people are arrested for drunk driving at all hours and need solid legal advice right away. When you need effective, strategic defense, contact us 7 days a week, 24 hours a day at (800) 782-1030. We answer our phones at night and on the weekend – we even meet clients on Sundays!