What Is Reasonable Suspicion In A OUI Charge?
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What Is Reasonable Suspicion In A OUI Charge?
November 22, 2019

What Is Reasonable Suspicion In A OUI Charge?

Posted in : First Page Attorney
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Amherst-OUI-Lawyer

Were You Arrested Under The Suspicion Of A OUI?

When one is facing a OUI charge in Massachusetts it is often preceded by a law enforcement stop where the officer likely pulled you over because they claimed to have a reasonable suspicion that you were driving under the influence.  The officer’s interpretation of how you were operating the vehicle on the road led to the actual stop.

So what is Reasonable Suspicion anyway?

Reasonable suspicion is the prerequisite that law enforcement uses in order to determine whether or not they should pull you over. The suspicion itself is the underlying reasoning that must exist prior to the officer cites a need to pull you over. Outside of a OUI checkpoint or a sobriety checkpoint, there is no reason for a police officer to stop your car.

As it relates to OUI arrests, there are typically a number of reasons in which an officer may infer that you were driving under the influence. Here are some causes for the reasonable suspicion necessary to materialize in order for law enforcement to take the next step and stop your vehicle.

  • Driving Erratically
  • Speeding On The Road
  • Drifting In And Out Of Lanes
  • Vehicle Swerving Over Lines

In other cases, a routine traffic stop for unrelated reasons like a taillight can later bring about reasonable suspicion of a OUI such as:

  • Violating Local or State Traffic Laws
  • Slurring Your Speech
  • Alcohol On Your Breath Or Smell From an Open Container
  • Bloodshot Eyes
  • You Crashed Your Vehicle
  • Failure Of A Sobriety Test

I Don’t Believe There Was Reasonable Suspicion In My Arrest, Now What?

Law enforcement does not get to pick and choose how they charge, who they charge or why.  They must have clear-cut reasonable suspicion before they can pull you over. Reasonable Suspicion is established in the law in such a manner that your rights are not to be violated if the proof of the same cannot be met. If the circumstances surrounding your stop can be called into question and the officer did not establish reasonable doubt, an experienced Massachusetts Criminal Defense Attorney can argue that your legal rights were violated. Get help with your Massachusetts OUI Charge by calling our office today.

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