drinking and driving

5 Ways You Can Still Win Your Case Against an OUI Arrest

In the United States, the laws are strict regarding Operating Under Influence (OUI) or Driving While Intoxicated (DWI) events. If you get pulled over by the cops for possible charges of OUI or DWI, they can arrest you if your blood alcohol content (BAC) is at least .08%. 

If you’re still a minor during your arrest, but your BAC falls at .01%, the police can convict you for your crime. Depending on the severity of your condition, you can face corresponding penalties that could leave a lasting mark on your life. 

Luckily, if you have a reliable criminal defense attorney to represent you, it’s still possible to try and reduce your sentence. Keep reading below to find out the common instances where OUI or DWI charges have the chance to be minimized or even dismissed.

If the Arrest Has No Likely Cause

When you find yourself in a situation where the police tell you to pull over without a definite reason and detain you for OUI without enough evidence, your criminal attorney can duly fight for you. There is even a high chance that the court will dismiss your case due to a lack of proof of your crime. However, exceptions to the rule involve you failing to stop at checkpoints and roadblocks. 

If the Arrest Did Not Involve the Miranda Warnings

In the event that you get taken in by the police, they must always recite the Miranda warning. Failing to do so before they begin questioning you regarding possible OUI charges will mean that everything you told them, every statement, comment, or resistance, cannot be held against you.

If the Arrest Made Was Unclear to You

The moment you stop by the side of the road as per the cops’ orders to check if you’re driving your vehicle under the influence of alcohol, they’re supposed to do a breath test on you. However, if they don’t let you know that failing to comply with the rules and refusing to undergo the test will get your license suspended, the court has the power to deem your case inadmissible.

If the Arrest Included a Falsely Executed Breath Test

Even though you agree to go through a breath test to let the police officer check you for a possible OUI arrest, if they don’t supervise the test properly, it could affect the outcome of your case. Once the test results come and the court finds out that the breath test wasn’t administered right, the findings can be considered useless by the court.

If the Arrest Contained Incorrect Test Results

Similar to experiencing a falsely supervised breath test, it’s also possible for results to come out wrong due to a malfunctioning device, an amateur technician, or other ways that may lead to an error. In fact, breath test machines are known to produce miscalculated readings because of eating specific types of food!

Other than that, taking prescribed medication may also get in the way of receiving a correct breath test scan. A non-impairing drug prescribed to you by your doctor could affect your breath test and produce incorrect results.


If you or anyone you know is facing accusations of OUI or DWI charges, you should hire a criminal lawyer who can guarantee they can handle your case accordingly. With the situations listed above, if you find yourself facing a similar scenario, your attorney will see to it that they will get you the justice you deserve.    

 Are you looking for the best criminal lawyer in Boston, MA, to handle your OUI case? The Fernandez Firm is a legal firm that caters to various criminal defense matters to assist clients in dire need. Get in touch with us today for a free consultation on your case!