Boston Criminal Defense Law Blog

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 test may have a devastating effect in an OUI prosecution in Massachusetts. The motorist’s rights and dealing with a request to undergo these tests may play a role with a prosecution for OUI and driving privileges. Failure to pass this test may be conclusive. The Commonwealth can prove that the defendant operated under the influence if…

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…

Massachusetts has legalized the use of medical marijuana and recreational marijuana. But this legalization is not unlimited. Motorists who unlawfully drive while impaired from marijuana or engage in other illegal behavior may face OUI conviction consequences or other legal problems. Because of a 2016 ballot initiative and 2017 law, a person over 21 may possess up to one ounce…

In the state of Massachusetts, a drunk driving charge is officially termed “operating under the influence,” and a conviction brings harsh penalties, even for first-time offenders. If a conviction for OUI can disrupt the plans you have for your future, think what a conviction for vehicular homicide could do. How OUI affects you If law…

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…

Massachusetts drinking laws can penalize college students, even if they are over 21. Although college students charged with OUI and underage drinking may face serious consequences, an OUI arrest may have even harsher penalties. These penalties can have serious legal, educational or professional costs, regardless of whether the arrest was made on or off campus. But, there…

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…