Matthew S. Branchaud, a Rutland native, is an experienced litigator who believes in aggressively defending DWI cases.
He defends drunk driving and impaired driving cases in Rutland, Castleton, Killington, Mendon and all over Southern Vermont. Charges for impaired driving are typically referred to as driving under the influence (DUI), but also include driving while intoxicated (DWI) or operating under the influence (OUI). Despite the various names, the charges are really the same. The State of Vermont is alleging that you operated a motor vehicle while impaired to the slightest degree.
DUI cases are complex and you should have experienced legal counsel to successfully challenge the case. Matt Branchaud has represented people charged with DUI in Vermont for a decade. He has won dismissals at trial and before the Vermont Superior Court, Criminal Division in Rutland, VT. Branchaud represents many people from out of state for DUI or DWI in Killington, Poultney and Castleton Vermont, and can handle the court process by mail if the defendant is out of state.
Branchaud retains an expert chemist who will testify regarding your “true’ blood alcohol content at the time of operation, and who will examine the breath testing machine for accuracy if you have concerns. Branchaud also personally watches all video from your stop and processing to make sure your rights were not violated during the stop. VT DUI Law is complicated, and you should hire an experienced lawyer.
Most people believe the legal limit to operate a motor vehicle is .08. Unfortunately, that is not true. .08 is just a legal presumption, in that you are presumed impaired above that number. The law actually states “any impairment, no matter how slight” shall result in a guilty verdict. Thus, your breath test could yield a .04, you can still be charged with the crime of DUI.
The handheld roadside breath test offered by police is not admissible in VT Courts because its accuracy is questionable. However, the alcosensor is sufficient for DUI charges in other states, and should be utilized if you think you are near the limit–think of it like a free test since it’s not admissible in court. Many times it makes sense to take the handheld breath test, but skip the field sobriety exercises which are being videotaped. Knowing your result can help you in deciding whether to take the admissible test located at the police barracks.
The admissible breath at the barracks is called the Datamaster DMT. It’s the size of a small box and measures blood alcohol content via a breath sample. Numerous problems have occurred with these machines in the past, and your test, if you take it, should be reviewed by an expert. Branchaud typically retains a Former State of Vermont Chemist, Darcy Richardson, who now assists in the defense of DUI cases. Richardson is recognized by the Court as an expert authority on Datamaster DMTs and breath test results related back to the time of operation.
Whether you received your VT DUI DWI in Killington Castleton Poultney or Brandon, all cases are heard in Vermont Superior Court, Criminal Division located in Rutland, Vermont. McCamley & Branchaud is located just three blocks from the Courthouse.
We understand the impact that a simple license loss may have on employment and family obligations. With this understanding as a backdrop, we work to create opportunities to resolve cases reasonably, but stand ready to take cases to trial when necessary.
Typically, DUI 1 results in a fine. DUI 2 results in probation with an underlying jail sentence. DUI 3 results in house arrest or jail. Our goal is to seek a dismissal of your charges, but in the event we have to reach a deal, our goal is to reduce your charges to some other misdemeanor, reduce the suspension period, and reduce the punishment and fine.
If you have been charged with DUI, call Matt Branchaud for a consultation today.
Matthew S. Branchaud, Esq.
McCamley & Branchaud, P.C.
24 Wales Street, Suite 6
Rutland, VT 05701
802-775-0064 ext. 21
