Not all of the prosecution’s evidence is legally admissible in a Wayland Massachusetts DUI trial. For example, a person’s refusal to submit to a breathalyzer or blood test is inadmissible at trial and jurors should not hear of any chemical test refusal. Likewise, refusal to perform field sobriety tests is inadmissible and the refusal should not come before a jury. Finally, any prior DUI convictions should not be disclosed during the phase of the trial where guilt or innocence is determined.

Evidence of prior DUI convictions is heard only after a person accused of operating under the influence is convicted. Prior drunk driving convictions, if proven beyond a reasonable doubt, can be used to subject a defendant to enhanced penalties which may include jail and long license suspensions. However, the jury which determines whether the defendant is guilty or not guilty of the OUI charge will not hear of any evidence of prior convictions. 

When it comes to determining prior offenses for the penalty portion of the Wayland MA DUI trial, convictions, admissions to sufficient facts, and CWOFs all count as prior convictions, because the prior dispositions all contained a drug or alcohol program assignment and the law states that these program assignments count the same as convictions for criminal sentencing purposes. 

In cases where breathalyzer evidence is admitted, only the lower of the two breathalyzer readings will be admissible. Also, it is possible to exclude other evidence from a drunk driving trial where the probative value of the evidence is substantially outweighed by its prejudicial effect. In many cases, a defendant’s incriminating statements as well as certain scientific evidence can be excluded from trial.  The best Wayland Massachusetts DUI attorneys understand how important it is to insure that evidence which is unfairly prejudicial is not admitted in a drunk driving trial. The best way to exclude this evidence is to file pretrial motions in limine.