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What are the potential defenses for a DUI involving drugs in MA?

a year ago
2

When facing a DUI involving drugs charge in Massachusetts, there are several potential defenses that can be explored. It's important to note that each case is unique, and the specific circumstances surrounding the arrest will play a significant role in determining which defenses may apply. Here are some potential defenses to consider:

  1. Lack of probable cause: If the police officer did not have a valid reason to stop your vehicle or lacked probable cause to believe you were under the influence, it may be possible to challenge the legality of the traffic stop.
  2. Inaccurate field sobriety tests: Field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and can be influenced by various factors. Challenging the accuracy or administration of these tests can be a defense strategy.
  3. Invalid or unreliable drug test results: Drug tests used to determine drug impairment can be prone to errors and false positives. Challenging the accuracy, calibration, or chain of custody of the drug test results can be a viable defense.
  4. Medical conditions or prescription drug use: If you have a medical condition or were taking prescription drugs as directed by a healthcare professional, it may be possible to argue that your impairment was not due to illegal drug use.
  5. Violation of Miranda rights: If the arresting officer failed to properly inform you of your Miranda rights, any statements you made during the arrest may be inadmissible in court.

It is crucial to consult with a qualified attorney who specializes in DUI defense in Massachusetts. They can review the specific details of your case, gather evidence, and determine the most effective defense strategy for you.

For more information, you may refer to the Massachusetts General Laws Chapter 90, Section 24 which outlines the laws pertaining to operating under the influence of drugs in the state.

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