Articles Posted in OUI Defense

Massachusetts officials have been reviewing options on enforcing impaired driving laws after marijuana was legalized in the state. A report from a Michigan state commission studying the effects of marijuana on drivers may be instructive for Massachusetts’ enforcement and an OUI defense once these plans are finalized. Michigan’s impaired driving safety commission recommended that there should be…

College students under the age of 21 sometimes indulge in binge drinking with friends. They might believe they can drive themselves home afterward, but have they considered what happens if law enforcement pulls them over on suspicion of OUI? Binge drinking explained The Institute on Alcohol Abuse and Alcoholism National Advisory Council defines a binge…

Like other criminal prosecutions, the Commonwealth bears the burden of proof and defendants do not have to prove their innocence. Even before an OUI defense is presented, the Commonwealth must prove its prosecution case beyond a reasonable doubt. The Boston prosecution does not have to prove that the driver was drunk. The Commonwealth must prove, beyond a…

A Massachusetts state trooper attended a police social event in May 2018. The Irish American Police Officers Association sponsored its annual award dinner. A Massachusetts State Trooper received the Medal of Valor award for his bravery for his involvement in an armed shootout two years earlier. He left the dinner, and while driving to a…

Conviction for operating a vehicle under the influence of alcohol can have serious consequences for Bostonians. An OUI defense often depends on what happened at the police stop. If stopped by police, motorists should give their license and registration to the officer. A driver does not have to submit to a field sobriety test, breathalyzer or blood test.…

The national legal limit for alcohol in your system is 0.08 percent. This percentage is the point where intoxication is clear and dangerous for everyone, regardless of factors such as size and age. Operating a vehicle under this level of impairment will result in criminal charges and can easily lead to an OUI conviction and the associated…

Massachusetts and other states which legalized recreational use are beginning to implement new laws addressing driving while impaired. However, the absence of valid testing and other problems may be instrumental in mounting an OUI defense against these charges. The cases are more complicated than prosecuting a typical drunk driving case which can rely on accepted testing such as a…

How many alcoholic beverages do you have to drink before you become too drunk to drive? The number is different for everyone. Figuring out how much it will take for you to become intoxicated will depend on a couple of surprising factors. About your BAC Your blood alcohol concentration level determines how alcohol consumption will…

In the state of Massachusetts, a drunk driving charge is known as operating under the influence, or OUI, for which the penalties are severe. However, a penalty is one thing. Your future is quite another. What effect will an OUI conviction have on the plans you are making for your life? First, the penalties It…

OUI charges come with lots of worries, from fines to jail time. One concern you may have is retaining your driving privileges. The risk of losing your license is high, but there may be steps you can take to prevent it or regain it quickly. Penalties of OUI Failing a breath test results in an automatic…