Boston Criminal Defense Law Blog

OUI charges are not limited to night time

On behalf of J. W. Carney, Jr. & Associates on Tuesday, December 31, 2019.

When you think of drunk driving arrests, you may think of going out on the town for parties that linger late into the night or driving home in the wee hours of the morning after the bars have closed. Police may notice a driver swerving down a lonely highway or forgetting to turn the headlights on. In the worst-case scenario, officers respond to the scene of a late-night drunk driving accident.

What you may not consider is that not all drunk driving incidents take place between 9 p.m. and 3 a.m. In fact, a hefty percentage of drunk driving accidents occur during the brunch hours.

When must Boston residents use an ignition interlock device?

On behalf of J. W. Carney, Jr. & Associates posted in OUI Conviction Consequences on Thursday, December 26, 2019.

With 2020 on the horizon, many people in Massachusetts will be going to New Year's Eve parties. Most of these parties involve alcohol, and it is not unusual for motorists to find themselves being pulled over by police on suspicion of operating under the influence over the holiday season. Many OUI conviction consequences can have a major impact on a person's life, including the mandatory use of an ignition interlock device.

There are three circumstances in which a motorist convicted of OUI in Massachusetts must install an ignition interlock device in his or her vehicle. One is if the motorist has been convicted of OUI two or more times but is eligible to receive a hardship license. The second is if the motorist has been convicted of OUI two or more times but is eligible to have his or her driver's license reinstated. The third is if the court orders the motorist to utilize an ignition interlock device for any reason.

Facing charges following a deadly OUI accident

On behalf of J. W. Carney, Jr. & Associates on Friday, December 20, 2019.

A drunk driving arrest can be stressful and confusing enough by itself. If police pull you over after you have consumed alcohol, you may have concerns about the potential consequences and how they will affect your future. Even a first-offense OUI conviction can mean high fines, license suspension and possible jail time, among other penalties.

However, if you are involved in an accident after drinking alcohol, you may have many more serious issues to deal with. This can be especially true if someone else dies from injuries in the accident. Depending on the circumstances, police may arrest you for motor vehicle homicide or involuntary manslaughter.

Does ridesharing reduce the number of OUI incidents?

On behalf of J. W. Carney, Jr. & Associates posted in OUI Defense on Wednesday, December 11, 2019.

It used to be the case that if you wanted to travel in Boston, and you didn't want to ride the bus or hail a cab, the popular option was to simply drive to your destination yourself. However, when your destination was a bar or party, this led to incidents of drunk driving and the possibility of incurring an OUI.

However, according to a recent study, the rise in ridesharing services have led to a decrease in OUI accidents.

3 tips for avoiding a New Year’s Eve OUI stop

On behalf of J. W. Carney, Jr. & Associates on Friday, December 6, 2019.

There really never is a good time to drink and drive. After all, officers may stop you for violating the state’s OUI law virtually anywhere and at any time. Still, New Year’s Eve is primetime for OUI enforcement. If you drive with a blood alcohol concentration over 0.08%, your luck may run out at the start of 2020.

The best way to avoid an OUI charge is never to drink and drive. As a resident of the Boston area, you have many options for enjoying a night on the town without risking criminal charges. Here are three tips for avoiding a New Year’s Eve OUI stop:

Underage OUIs: What parents should know

By J. W. Carney, Jr. & Associates posted in OUI Conviction Consequences on Thursday, December 5, 2019.

Heading off to college can bring children newfound freedom. In many cases, this newfound freedom involves attending parties and trying alcohol.

Children have their whole future ahead of them while at college, but underage drinking and OUIs can put that future at risk. Parents and children alike must be aware of those risks.

Here is what parents should know about underage OUIs.

Evidence of cannabis intoxication

On behalf of J. W. Carney, Jr. & Associates posted in OUI Defense on Wednesday, November 27, 2019.

Recreational cannabis has been legal in Massachusetts for several years, and, with new dispensaries opening up soon, it seems to be more commonplace. What once was an illegal, clandestine activity is now done out in the open. However, it's important to remember that the law still prohibits operating a motor vehicle under the influence of cannabis or other drugs.

According to the Centers for Disease Control, cannabis is the second most common drug linked to operating under the influence. Only alcohol is more common. Studies show THC, the main active ingredient in cannabis, affects a person's coordination, balance, memory and judgment, which can make them unsafe drivers.

Holiday celebrations, binge drinking and OUI

On behalf of J. W. Carney, Jr. & Associates on Monday, November 25, 2019.

Thanksgiving marks the official start of the holiday season. People all over the country are anticipating the upcoming celebrations, especially those around Christmas and New Year’s.

Meanwhile, law enforcement officers all over the country prepare for the increase in drunk drivers on highways and byways. The holidays bring out binge drinkers every year.

Lawmaker proposes ignition interlock devices for first-time OUI

On behalf of J. W. Carney, Jr. & Associates posted in OUI Conviction Consequences on Thursday, November 14, 2019.

A Massachusetts lawmaker has proposed expanding the state's ignition interlock device program to include those convicted of a first OUI offense to have the devices installed in their vehicles.

Since 2005, those convicted of two or more OUI offenses have been required to have their vehicles outfitted with devices that require them to use a breath test before they can hit the road. The devices can also require them to pull over while driving for periodic check-ups. The devices must stay in place for at least two years. This, of course, comes after the driver has already completed the process of getting their driving privileges back after serving any jail time, paying any fines and completing any other obligations.

Tips for avoiding an OUI after a tailgate

On behalf of J. W. Carney, Jr. & Associates on Tuesday, November 12, 2019.

Before you go tailgating around Massachusetts, you need to be cognizant of what the law says. You deserve to have a fun tailgate party without running afoul of the law.

Even after the game is over and Boston University has won another game, you need to be careful about how you get home. You do not want to end up with operating under the influence charges, so be careful about how you party at the game.