Articles Posted in OUI Defense

If you have a drunk driving conviction in the state of Massachusetts, are there alternatives to the loss of driving privileges or the prospect of jail time? Upon probation approval, the judge in the District Court who hears your case may refer you to a first-offender Driver Alcohol Education program or a second offender alcohol treatment…

Massachusetts State Police troopers are given rigorous training, and they are expected to uphold the law, both when they are on duty and when they are not on duty. Nonetheless, occasionally, troopers run afoul of the law because they, like the rest of us, are human. A recent accident in Chicopee involving a state trooper who was…

Most people do not intend to endanger others. However, when drivers get behind the wheel while under the influence, they do just that. In such cases, those caught can face serious charges and may risk losing their driving privileges. Should this occur, there are a few tactics drivers may implement to protect their licenses. Hardship license A hardship…

A breathalyzer or other test can play a major role in prosecuting a driver in Massachusetts for an operating under the influence charge. An OUI defense helps protect rights by assuring that this testing is accurate. Recently, however, Massachusetts will again use breathalyzer test evidence that was rejected in OUI cases. Litigation previously uncovered improper procedures used by the…

Convictions for impaired driving are not limited to the usual suspects of alcohol, illegal drugs or marijuana. Driving while taking legally prescribed drugs may be dangerous and lead to an arrest requiring an OUI defense. Benzodiazepines, opioids and other prescription drugs can impair a motorist’s skills by causing drowsiness, dizziness and impair the ability for thinking and making…

When you see an OUI checkpoint up ahead, it can make you nervous and uncomfortable. Even if you are not under the influence of any substance, going through a sobriety checkpoint can still be inconvenient and invasive. While these checkpoints may feel unfair or intrusive, they are legal in Massachusetts under state and federal law. How you conduct yourself…

Most states share information with one another about drunk drivers. However, Massachusetts is one of five states that does not share such information that would normally go through the Driver’s License Compact. In the event a Massachusetts resident with a state driver’s license ends up with an OUI in another state, then the state would still receive…

When stopping a suspected drunk driver, police will look for evidence of impairment. A 3-part field sobriety test is a typical method and its execution needs to be addressed in an OUI defense. First, the horizontal gaze nystagmus test checks the involuntary jerking of an eyeball when an object is moved side to side. An…

A motor vehicle is a heavy piece of machinery that requires proper care and operation. For this reason, there are serious consequences when individuals operate any type of vehicle while under the influence of particular substances. If you or a loved one face OUI charges, it is important to understand the various aspects of the charges, so…

In January 2019, a District Court judge ruled that breathalyzer tests for people charged with OUI in the state of Massachusetts are, for the time being, inadmissible in court. Litigation has continued for years over this issue. A lack of reliable standards is at the core of the ongoing legal dust-up. A little history Breathalyzer…