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OUI Defense Archives

Legal marijuana and OUI charges

Next month will mark the first anniversary of legalized recreational marijuana in Massachusetts, and the commonwealth is still adjusting to the changes the new law brought. One area where the authorities are still trying to figure out how to work with the new law is in its approach to marijuana-impaired driving.

Defending against breath test results

When you are pulled over on suspicion of drunk driving, police officers have a variety of ways to gather evidence that you are too intoxicated to driver. They may have you go through a field sobriety test, asking you to walk a straight line and performing other simple tasks. If you fail, they will take notes and the prosecution will use those notes as evidence against you. The police will probably take note if they smell alcohol on your breath or appear to be slurring your speech, as well. But perhaps the most important evidence they will collect is the results of a blood alcohol concentration, or BAC, test.

State trooper charged with OUI during off duty hours

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 alleged to have been operating a vehicle while under the influence of alcohol demonstrates how these finely trained officers can allegedly violate the laws they are sworn to uphold.

Breathalyzer tests allowed again

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.

Marijuana-impaired driving tests may be flawed

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.

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