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How to Handle an OUI Drugs

Posted on : November 8, 2016, By:  Tom Kokonowski, Esq.
Massachusetts DUI of Drugs

An OUI of drugs is a serious charge and if you’re found guilty, you stand to incur severe, life-altering punishments. You can mount the strongest possible defense, which is crucial when you are arrested on charges of driving under the influence of drugs, when you hire a seasoned criminal defense lawyer. Here are some questions to ask yourself.

Were the Police Following Protocol During Your Stop?

In an OUI of drugs case, the first thing to ascertain is if the detaining officer followed protocol.

  • Did the police officer have probable cause to pull you over in the first place?
  • If you were searched and drugs were found on your person or in your car, did officers have probable cause to search you?
  • If the officers did not have a warrant or probable cause, did you consent to the search?

If the search and seizure were illegal, the evidence against you may be thrown out of court.

Were There Alternate Explanations for “Drugged Behavior”?

Since drugs don’t show up on a breathalyzer test, many OUI of drugs cases rely heavily on the detaining officer’s observations. Alternative explanations for what the officer saw may strengthen your defense. For example,

  • Were you exhausted at the time? Tiredness can cause slurred speech, red eyes, and unpredictable driving.
  • Have you got medical conditions that cause you seem to have red eyes or to walk off balance?
  • Were the drugs you are accused of taking prescribed to you by your doctor?

If there are alternate explanations for your conduct during the police stop, this can weaken the prosecution’s case against you.

Contact an Experienced Criminal Defense Attorney Today

Penalties for driving under the influence of drugs in Massachusetts are harsh and can wreak havoc on your life. Not only would you have to face potential jail time and fines if you are convicted, you’d also have a criminal record that will follow you for the rest of your life. This can make it exceptionally difficult to get a job, rent an apartment, or even buy a house.

If you have been detained for driving under the influence of drugs, don’t hesitate to reach out to a seasoned criminal defense attorney. At the Law Offices of Thomas Kokonowski, Esq., we’ll thoroughly investigate every facet of your case to develop a strong defense. We’re available now to help you. Call now at 413-585-9200 or 413-549-0022.

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