In many Massachusetts OUI cases involving an automobile accident, field sobriety tests will not be administered either because the motorist refuses to take the tests, is not offered the tests because the officer realizes they cannot be fairly administered under the circumstances or because an injury or medical conditions makes administering these tests impractical.
Many Massachusetts OUI arrests involving accidents involve these circumstances where the only evidence possessed by the Commonwealth is the fact of an accident, where the police officer does not witness the accident and the only evidence consists of observations and an odor of alcohol.
In a case from the State of Illinois, State v. Boomer, 757 N.E. 2d 960, a judge found that the officer lacked probable cause to arrest a motorist for DUI based on the fact that an accident occurred, an admission to drinking and an odor of alcohol. The court suggested that the Government needed evidence regarding, appearance, demeanor and behavior to establish probable cause to arrest for DUI, beyond an odor of alcohol to establish a lawful arrest.
If you feel as though you were arrested for OUI in Massachusetts without probable cause or merely because you admitted to having one or two drinks, call Attorney DelSignore immediately. Attorney DelSignore is a Massachusetts OUI lawyer that handles DUI cases throughout Massachusetts and will help you plan your defense.
